H-1B visa program
You have protections against discrimination.
The H-1B program allows employers to hire skilled foreign workers in specialty occupations and authorizes the temporary employment of qualified individuals who are not otherwise authorized to work in the U.S. There are protections in place to help to ensure that the program is not used to discriminate against U.S. workers, however. There are also protections in place to protect workers employed under the H-1B program.
Questions?
We’re here to help.
We are committed to helping you understand your rights as a worker. Many questions about your rights may be answered by using the following elaws Advisor (Employment Laws Assistance for Workers and Small Businesses):
If you suspect that you or others may be the victim of H-1B fraud or abuse, you may choose to email the United States Citizenship and Immigration Services (USCIS). You can also report allegations of H-1B violations by contacting the Labor Department’s Wage and Hour Division (WHD). You can contact the Immigrant and Employee Rights Section (IER) of the Civil Rights Division at the U.S. Department of Justice or the Equal Employment Opportunity Commission (EEOC) if you believe an employer has engaged in discrimination due to national origin.
For additional assistance, please contact:
WHD: 1-866-4-US-WAGE (1-866-487-9243)
IER: 1-800-255-7688 or ier@usdoj.gov
Interpretation is available in many languages.
Learn about filing a compliant with the the U.S. Department of Labor’s Wage and Hour Division (WHD)
An employer may not discriminate against applicants or employees because of their national origin. Workers can contact the Immigrant and Employee Rights Section (IER) of the Civil Rights Division at the U.S. Department of Justice or the Equal Employment Opportunity Commission (EEOC) if they believe an employer has discriminated against them due to national origin.
Additionally, U.S. workers with similar qualifications and experience may be protected from discrimination by their employer in favor of an H-1B worker. All H-1B employers must provide H-1B workers with working conditions that will not adversely affect the working conditions of similarly-employed U.S. workers. Certain H-1B “dependent employers” and “willful violators” have additional requirements. They must show that they recruited and offered jobs to some U.S. applicants who are “equally or better qualified,” and are also prohibited from displacing U.S. workers within 90 days before or after they petition to hire H-1B workers in similar jobs. U.S. workers who believe their employer refused to hire them or displaced them in favor of H-1B workers can contact the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL).
Additional resources
Need more information?
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under Federal employment laws.
