The H-1B visa is a non-immigrant visa which allows U.S. employers the ability to employ foreign workers with a highly specialized skill-set.
Many U.S. "staffing," "consulting," or "placement" companies solicit and contract with foreign workers to work within the United States. These companies then attempt to place the foreign workers at larger third-party U.S. companies.
As part of the H-1B visa petition, the company must show the U.S. government evidence of a contract which includes a guaranteed salary to be paid to the foreign worker by the petitioning company.
The foreign worker relies upon this guaranteed and pre-negotiated salary in order to make the commitment to relocate to the United States. Sadly, it is common for these "staffing," "consulting," or "placement" companies to refuse to pay the foreign worker if that foreign worker has relocated to the United States, but has not been "placed" with a third-party company. This is illegal and constitues H-1B visa fraud..
An H-1B visa recipient may not be "benched" without pay. If a foreign worker is in the United States on an H-1B visa, and that visa has not been legally terminated, that worker must be paid, whether or not they are "placed" and "working" at a third-party company.
Our firm aggressively pursues lawsuits on behalf in these situations on behalf of foriegn workers against companies for claims including fraud, breach of contract, failure to pay minimum and overtime wages, reimbursement of expenses, among many other labor code violations.