There is a large population in America who feels that companies hire foreign workers on H-1B visas because it is cheaper to hire them. Felipe says that this rumor or rather lie is completely wrong. He told that the company H-1B petition Before filing, a ‘Labor Condition Application’ certificate has to be obtained from the US Department of Labor. In this, the company agrees that it will pay the employee more salary for the job than the amount that currently has to be paid in America if a worker is hired for the same work.

Felipe said that if a company pays less salary to an H-1B worker, then a fine can be imposed against it. He could be thrown out of the H-1B visa program and an investigation could be instituted against him. In many cases, due to prevailing wage rules, H-1B workers receive higher salaries than their American counterparts. Thus, it is completely wrong to believe that companies save money by hiring H-1B workers. (Photo- Freepik)

There are many people in America who believe that H-1B workers have no rights and can be easily exploited. Immigration expert Felipe said that H-1B worker Are protected under federal labor laws. This also includes laws related to salary and working hours. Similarly, they are also protected under anti-discrimination laws and workplace safety regulations. Companies also have to make public all types of files related to foreign workers, so that they can be audited.

Felipe explained that H-1B workers are not tied to any one worker forever. The law allows them H-1B portability. This means that a worker can change companies and start work with a new company upon filing a new H-1B transfer petition. If a company violates the terms of employment, the employee also has legal options. This means that the company cannot exploit the worker. (Photo- Freepik)

Immigration attorney Felipe said that there is hardly any visa program as regulated as H-1B. on this visa program USCISInstitutions like Department of Labor, Department of Homeland Security keep an eye on it. He said that companies have to allow audit, site visit and compliance review. Many times, site visits are conducted unannounced to check whether an employee hired on an H-1B visa is working in the existing company or not. Approval of H-1B visa does not mean that government surveillance has ended. In many cases, reverse scrutiny becomes stricter. (Photo- Freepik)

There are many people in America who feel that most H-1B workers are recently graduated students who do not have any work experience. Felipe said that in reality there are many H-1B workers who have decades of experience. Generally, this visa program is used to hire senior engineers, data scientists, physicians, researchers, architects and managers who have good knowledge of their field.

He said that although recently graduated students can also get the visa. But for that they have to do Masters first, that too from an American university. But most H-1B petitions are filed for experienced people who have good technical knowledge. (Photo- Freepik)

Felipe said that H-1B visa is a non-immigrant visa. It allows dual intention, which means that the worker can acquire permanent residency if he wishes later. But this visa is temporary. He said that H-1B visa is given for three years, which can be extended for further three years. Generally, visa extension is allowed only when the processing of the green card has started. Most H-1B visa workers leave America after a time. (Photo- Freepik)