H-1B Visa Abuse: Attorney Exposes 5 Warning Signs for Foreign Workers
An immigration attorney recently used social media to alert H-1B visa holders about red flags in their jobs that signal exploitation by recruiters. Attorney Brad Banias shared a shocking example from a client who was allegedly asked to pay their employer with bags of cash in both Texas and Mumbai.
H-1B trafficking cases are unfortunately common. Foreign workers often face recruitment by employers, staffing agencies, or middlemen who control their immigration status. These workers suffer from various abuses.
Common Forms of Exploitation
Many H-1B employees experience severe mistreatment. They receive lower pay because middlemen take a cut of their salary. Some are sent to work locations different from what was promised. Others are forced to return part of their earnings or pay for visa costs, training, and filing fees.
Workers frequently remain silent due to threats. Employers intimidate them with visa cancellation, deportation fears, or blacklisting within the industry. New H-1B workers are particularly vulnerable to these unethical practices.
5 Key Red Flags Identified by Attorney Brad Banias
Attorney Banias highlighted five critical signs that should alert employees to potential abuse:
- Pay Your Own Salary: The employer agrees to pay you a percentage of your billings. While this might seem beneficial, it often results in underpayment. In many cases, employees end up paying their own salaries.
- No Regular Pay Stubs: The employer fails to provide regular pay stubs. Although there could be innocent reasons, this often leads to demands for money in exchange for past pay stubs. Employees need these documents to transfer to a new employer successfully.
- Find Your Own End Client: The employer requires you to find your own end client. This might appear advantageous, but it commonly leads to unpaid benching. When the contract with the end client ends, employees struggle to find another client immediately.
- Fake Anything: Your employer asks you to falsify documents. This could include experience, profiles, sick leave, or pay stubs. Many workers face the ultimatum: fake the document or risk H-1B withdrawal.
- Cash for Anything: The employer requires or pays you in cash for any transaction. Attorney Banias explained, "My current client was required to pay their employer in bags of cash in Texas AND Mumbai."
These warning signs help H-1B visa holders recognize exploitation early. Awareness is crucial for protecting rights and ensuring fair treatment in the workplace.
