Visa holders have a right to the terms and conditions of work they are offered at the time they accept their visas. In addition the Department of Labor establishes certain minimum work standards for visa recipients including payment of at least the prevailing wage in effect for the occupation and location where work is performed. Limits, which vary depending on the visa type, are placed on the costs that employers can impose on workers for obtaining visas and traveling to the United States. Visa holders who may have such claims include H-1B (Specialty occupations), H-2A (Temporary or seasonal agricultural workers), H-2B (Temporary or seasonal non-agricultural workers), H-3 (trainees), and L (intra-company transfers). Getman, Sweeney and Dunn has successfully litigated case, including settlement for H-2B workers against Trugreen.
If you are a visa holder with one of the above visas and believe that your pay is not what was negotiated at the onset of accepting your visa, you may have a claim. Reach out via the “Industry Inquiry” tool to learn if you have a claim.
If you work in this industry and would like to speak with us about whether you were paid all wages you were owed, please send us the information needed by filling out the Industry Inquiry form.