Special H-1B Visa Problems

New Jersey Litigation Attorneys

Non-immigrant foreign technical workers may hold valuable employment in our country through a special status granted by H-1B visas. Many technically trained foreign-born workers hold important jobs in New Jersey through such special H-1B visa status.

visaWhile we are not immigration lawyers, employment discrimination and retaliation problems of such foreign-born H-1B visa workers in New Jersey have repeatedly surfaced in our practice and been dealt with effectively through our knowledge of the federal regulations which interact with both New Jersey and federal employment law.

For example, employees with H-1B visa status must be paid while they are "benched," or not actively employed by their sponsor through no fault of the employee. Although they are not working productively for their employer, they may still be entitled to full salary payment.

There are also strict limits on what fees and costs an H-1B sponsor employer can be reimbursed for by its non-immigrant H-1B employee. Also, such employees are entitled to all benefits and working conditions to which non-H-1B American citizens are entitled, under most conditions. And such, H-1B employees may not be retaliated against by their employers if the employee reasonably and justifiably quits an abusive or discriminatory work assignment. All of the above rules and regulations may give rise to legitimate claims and defenses, and we can help you protect your rights whether as an H-1B visa employee or employer.

Remember, immigration law and employment law intersect at this juncture, and some familiarity with both areas of law is important to understand and protect your rights.

Contact Us

You want an attorney who will be committed to meeting your needs at every step along the way.  At the firm of William A. Feldman, LLC, we represent individuals and businesses in cases of all kinds.  Contact us today for more information and to discuss your issue.

One Passaic Avenue
Fairfield, NJ 07004-3814
Telephone: 973-244-7944
E-Mail:  wfeldman@wafnjlaw.com

 
 

At the Fairfield, New Jersey law offices of William A. Feldman, LLC we represent people throughout Northern New Jersey, including Wayne, Clifton, Nutley, Paterson, Passaic, Hackensack, Oakland, Short Hills, Livingston, West Orange, Newark, Belleville, Bloomfield, Montclair, Verona, Morristown, Parsippany, Chatham, Mendham, Newton, Sparta, Franklin Lakes, Bloomingdale, Little Falls, Pompton Lakes, Franklin Lakes, Morris Plains West Paterson, West Milford, Ringwood, Essex Fells, Fairfield, Montville, Caldwell, West Caldwell, Passaic County, Morris County, Essex County, Bergen County, and Sussex County.