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DeeDee Zepeda • January 14, 2025
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An H2B Visa allows employers to hire nonagricultural employees on a temporary basis in the U.S. Employers must obtain a prevailing wage to ensure workers are paid fairly based on the occupation in which they will work in a geographic location. If you are or have been an employee on an H2B visa and you believe that you are a victim of human trafficking, our office may be able to help you apply for a T visa. Determining whether an H2B employee is a victim of human trafficking requires complex legal analysis and no one factor is decisive. Below are a few of the scenarios we often see in helping clients who have become victims of labor trafficking as an H2B employee: Debt H2B employees may pay fees to an agency to help them with recruitment, placement, and visa processing. The agency may then direct them to state they did not pay any fees when they attend a visa interview when they in fact did. False promises about housing H2B employees may be promised housing only to discover they need to find their own housing once they arrive at the location of employment. Some H2B employees may be forced to pay more for housing than they were originally promised or than is reasonable for the place where they reside. The rent may come as a deduction from their paychecks. False promises about job H2B employees may be promised a specific position in a specific city and state. However, when they arrive, they may discover the job is not as promised. They may have to travel to another state for work or complete work that was not as promised in the original agreement. False promises about visas Some H2B employees may be promised a visa extension or change of status. They may be told they can apply for and work on a tourist visa. H2B employees may pay fees for the visas, but never receive receipts for their applications. They may be confused as to what their legal status is and never receive a clear answer when asking the agency helping them apply. Harsh working conditions H2B employees may be forced to work long hours or complete more work than is reasonable within their scheduled shift. Employers may yell at them to work fast, threaten them if they do not or treat them poorly. In some cases, the H2B employees may be forced to work while sick and never receive a day off work. Underpaid Wages Some H2B employees may not be paid the prevailing wage, or they may not be paid for all of the hours they worked. They may not be paid time and a half for overtime work they have worked or be paid less than they were promised. If you believe you may have been a victim of human trafficking, please contact us for a consultation .
A T visa gives victims of human trafficking legal status and a work permit for 4 years and after 3 years with a T visa they can apply for lawful permanent residence. The J-1 Program is set up to provide an opportunity for people all around the world to come to the U.S. to work and study, but often J-1 trainees/interns are exploited. If you are or have been a J-1 trainee or intern and you believe that you are a victim of human trafficking, our office may be able to help you apply for a T visa. Determining whether a J-1 intern/trainee is a victim of human trafficking requires complex legal analysis and no one factor is decisive. Below are a few of the scenarios we often see in helping clients who have become victims of labor trafficking as a J-1 trainees/intern: Debt J1 trainees/interns will often pay an agency to help them with recruitment, placement, and visa processing. They charge large fees and may refer J-1 trainees to lending agencies where they can borrow money to pay their fees. Not Rotating to Phases in Training Plan Before coming to the U.S, J-1 trainees are given a training plan with different phases. Each phase details what a J-1 trainee will learn, in what order they will learn and when they will rotate to each phase. After the J-1 trainee arrives in the U.S. their employer doesn’t follow their training plan. Instead, the J-1 trainee works in whatever position the employer places them in often doing low level work rather than receiving the advanced educational training they were promised. Inadequate Living Conditions J-1 trainees/interns are often promised housing. However, upon arrival in the U.S., they may discover they have to live in an unsafe area or in unsanitary conditions. The housing may be crowded with limited beds. Sometimes, the J-1 trainee/intern may have to live in the same building as their employer. Some employers may also tell J-1 trainees/interns that they cannot move and have to live in the housing they provide. Long Work Hours A J-1 trainee/intern may be forced to work more hours than they were promised before coming to train in the U.S. Some J-1 trainees/interns may be forced to work quickly and skip breaks or meals. Underpaid Wages Some J-1 trainees/interns may not be paid for all of the hours they worked. They may not be paid time and a half for overtime work they have worked or be paid less than they were promised before coming to the U.S. Threats Some employers may threaten J-1 workers or mention their status in order to keep them working or under their control. Employers may do this by mentioning a J-1 trainees/interns status or by threatening to fire them if they do not work faster. Sometimes an employer may threaten a J-1 if they complain about their working conditions. If you believe you may have been a victim of human trafficking, please contact us for a consultation https://www.alexmcbeanlaw.com/contact .
This week J-1 Interns filed a lawsuit against the Grand America Hotel and Resort in Salt Lake City, Utah: https://www.ksl.com/article/46581429/lawsuit-claims-grand-america-hotel-exploited-immigrants
The post J-1 Interns Sue Grand America Hotel appeared first on Alex McBean Law Office.
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