Employment Rights for Immigrants

The U.S. labor rights that protect all workers regardless of immigration status — including H-1B visa holders.

Overview

U.S. labor laws protect all workers regardless of immigration status. You have fundamental employment rights that your employer cannot legally violate — and knowing them is the first step to enforcing them.

For Indians Moving From India

Be aware that employers cannot legally charge you for the H-1B petition filing fees or the government fraud prevention fees. These costs must be borne entirely by the employer. Employers who try to pass these costs to you are violating Department of Labor regulations.

For Indians Already in the US

You are legally entitled to a safe workplace, fair wages, and freedom from discrimination and harassment, irrespective of your visa category. Your employer must pay you at least the exact Prevailing Wage listed on your Labor Condition Application (LCA) and cannot reduce your hours to lower pay without refiling.

Key Information

Employers cannot bench you — force you into unpaid leave — simply because they lack sufficient work to assign you. The LCA requires that you be paid the prevailing wage for the full period of your H-1B authorization.

Requirements

Employers must strictly comply with DOL rules regarding wages, working hours, and working conditions. They must maintain public access files for your H-1B petition.

Common Mistakes

Staying silent when an employer illegally withholds pay, forces you to cover H-1B fees, or mandates excessive unpaid hours — out of fear of losing visa sponsorship. This silence enables further violations.

Practical Tips

Always retain a personal, external copy of your LCA and all pay stubs. If your employer violates your rights, you have the right to file a confidential complaint with the Department of Labor's Wage and Hour Division — your immigration status will not be reported to USCIS as a result of such a complaint.