H-1B non-immigrant visas enable workers from outside of the United States to work for an employer within the country. H-1B visas are specifically for workers whose career is specialized, requiring a bachelor’s degree (or equivalent). While H-1B workers are not lawful permanent residents or citizens, they are still entitled to certain benefits provided by employers.
Understanding the U.S. Department of Labor’s Fact Sheet No. 62L Regarding Worker Benefits for H-1B Workers
In accordance with the United States labor and immigration laws, employers who hire H-1B visa-holders must offer the same benefits to these workers as they do to workers who are lawful permanent residents or United States citizens (U.S. workers). The benefits are identified in the Department of Labor’s Fact Sheet #62L and include the following:
- Health, life, disability, and other insurance plans;
- Retirement and savings plans;
- Cash bonuses; and
- Non-cash compensation (such as stock options that cannot be performance-based).
Often, H-1B visa-holders are not aware of what rights and benefits they are entitled to as workers within the borders of the United States. As such, H-1B visa-holders may be performing their duties without the realization that they are entitled to benefits offered to U.S. workers who share the same job or a similar job.
H-1B Workers Who are Employed by Multi-National Firms
An employer is not required to offer benefits to H-1B visa-holders who remain in the United States for 90 or fewer consecutive days if the H-1B visa-holder continues to be on his/her home country’s payroll and continues to receive benefits in the home country without interruption.
The same rules apply to employers who place their U.S. employees in another country. Employers must continue to offer U.S. workers benefits while those workers are located outside of the United States.
If H-1B visa-holders remain in the United States for more than 90 consecutive days, employers must offer these workers the same benefits that are offered to U.S. workers.
Why H-1B Visa-Holders Should Speak with an H-1B Visa Immigration Lawyer
While most U.S. employers comply with the United States labor and immigration laws, treating H-1B visa-holders as they treat U.S. workers, some employers do not comply, either willfully or because of a lack of understanding of the laws. Employers are responsible for knowing what laws they must comply with. Employers should also provide H-1B employees with information about the benefits they are entitled to.
An H-1B visa-holder who has a good grasp of what an employer’s obligations are can assert his or her rights in the event the employer fails to offer key benefits that are offered to similarly situated U.S. workers. A qualified immigration lawyer can provide workers with the information they need to hold employers accountable under the law.
Contact Sam Shihab & Associates Today to Speak with an H-1B Visa Lawyer
Obtaining an H-1B worker visa can be a very complicated process without the assistance of an immigration lawyer. If you are an employer seeking to hire an H-1B worker or are a worker who may qualify for an H-1B visa, you should consider speaking with an immigration lawyer to discuss the H-1B program, which is only available to specialized workers from outside of the United States.
The Columbus immigration lawyers of Sam Shihab & Associates have the skill, knowledge, and track record of success to help clients obtain both immigrant and non-immigrant visas. Our immigration law firm has offices located in Columbus and Dublin, Ohio, and Michigan, and Texas.
Contact Sam Shihab & Associates today to speak with a member of our legal team by calling (866) 665-0001 or by completing a form on our website. We are standing by to meet your immigration needs.