If a noncitizen has the work experience, skills needed for the position, and educational background, they may be eligible to obtain a U.S. employment-based visa which could grant them permission to live and work temporarily or permanently in the U.S. It is quite common for noncitizens to seek entry into the United States as there are often better employment opportunities. Several different types of U.S. work visas allow foreigners to work in the U.S. When applying for a work visa many noncitizens wonder whether they have the same rights as American (citizen) employees. Fortunately, foreign workers are granted similar rights that protect them from unlawful treatment in the U.S. Employers are held to a high standard regarding the way they treat their employees. If you are seeking a U.S. work visa or your rights as an employment-based visa holder have been violated, reach out to a dedicated and trusted Middlesex County, New Jersey business Immigration Lawyer who can help you navigate your legal options. In addition, please continue reading to learn about the rights U.S. work visa holders are entitled to while working in the U.S.
What are my rights as a U.S. work visa holder?
As mentioned above, noncitizens who come to the U.S. on a work visa have several rights that must be abided by employers. Employers are required to pay nonimmigrant workers the same minimum wage rate paid to other employees with the same qualifications and experience. In addition, employers are required to give noncitizens the same paid-off duty hours or non-productive time U.S. citizen employees are granted. Employment-based visa holders must be compensated fairly. Employers are legally required to offer noncitizen employees the same fringe benefits as other employees are offered. The employer cannot request payment from the employee if the employment-based visa holder leaves the position before the job expires. Moreover, work visa holders are protected from discrimination, sexual harassment, and sexual exploitation in the workplace. Employment-based visa holders are also protected from abusive work environments where they fear they are in danger physically or emotionally. Additionally, work visa holders have the right to request help from union, immigrant, and labor rights groups if needed. Foreign workers have the right to a safe workplace. Furthermore, U.S. work visa holders are permitted to have a passport and are free to travel. Employment-based visa holders are protected by several laws.
If you are in the U.S. on an employment-based visa, you have rights. If your rights have been violated in any way, don’t hesitate to consult one of our qualified and skilled team members. In addition, if you do not have a U.S. work visa and are interested in applying for one, contact one of our seasoned lawyers who can assist you with the application process.