An immigration attorney took to social media to make H-1Bs aware of the red flags in their jobs that indicate they are being abused by their recruiters. Attorney Brad Banias cited an example of a client who he said was asked to pay their employer “in bags of cash in Texas and Mumbai”. Cases of H-1B trafficking are not rare where foreign workers are recruited by employers, staffing firms or middlemen who control their immigration status. They are paid less as middlemen snatch their portion of salary, sent to a different location than promised, forced to return part of salary, charged for visa costs, training, filing fees etc. The employees are silenced by visa cancelation threats, fear of deportation, blacklisting in the industry etc. New H-1B workers are mostly the targets of these malpractices. Attorney Brad Banias flagged 5 signs that should alert employees that they are being abused:
- Pay your own salary: Employer agrees to pay you a percentage of your billings. While there could be an upside, it more commonly leads to underpay and demands that the employee pay their own salary.
- No regular pay stubs: The employer does not provide you regular pay stubs. While there could be an innocent explanation for this action, it often leads to the employer demanding money for past pay stubs so the employee can successfully transfer to a new employer.
- Find own end client: The employer demands that the employee find their own end client. While this could benefit an employee, it more commonly leads to unpaid benching when the contract with the end client ends and the employee cannot immediately find another client.
- Fake anything: Your employer asks you to fake anything–experience, profile, sick leave, pay stubs. Quite often the option is fake this document or I will withdraw your H-1B.
- Cash for anything: “The employer requires or pays you in cash for anything. My current client was required to pay their employer in bags of cash in Texas AND Mumbai,” Banias explained.
