US employers have obligations and responsibilities to foreign skilled workers they employ. In general, employees have the following rights and are owed obligations by their employers in relation to:
Additional Obligations Relating to Visa Classification
Employers also have additional obligations to foreign workers due to their nonimmigrant status. Employees are entitled to the following rights that are to be protected by their employers:
| Nonimmigrant Visa Classification | Rights and Obligations |
| A-3, G-5, NATO-7 and B-1 Domestic Employees | · Employer must provide an employment contract that is compliant with US law
· Contract must contain the hourly wage · Employers must provide an employment contract in the language that the employee understands · Contract must also include: o Agreement by the employer to comply with all US laws o Information on frequency and form of payment o Work duties o Weekly work hours o Holidays, sick days and vacation days o Agreement by the employer not to keep your passport, employment contract or personal property |
| H-2A Temporary Agricultural Workers | · Employers must pay fees for any labor recruiter they engage
· Contract must be provided in the language the employee understands · Employers must pay fairly · Employer must pay for inbound transportation from place of residence to place of employment or reimburse employee for costs · Employees are exempt from US Social Security and Medicare taxes on compensation paid for services in relation to the visa type · Employer must offer you employment for a total number of hours that is equal to at least 3 or 4 workdays |
| H-2B Temporary Non-Agricultural Worker Visas | · Employers must pay fees for any labor recruiter they engage
· Contract must be provided in the language the employee understands · Employers must pay fairly · Employer must pay for inbound transportation from place of residence to place of employment or reimburse employee for costs · Employer must offer you employment for a total number of hours that is equal to at least 3 or 4 workdays |
Specific Employer Obligations
US employers also have specific obligations and responsibilities relating to the employer/employee relationship:
- Employers are liable for reasonable costs of return transport overseas for the foreign skilled workers in H-1B or H-2B visa categories if the employer dismisses the employee prior to the end of the employment contract
- If an employee is terminated and they hold a visa in the O or P categories, the employer and petitioner are ‘jointly and severally liable’ for the reasonable costs of return transport overseas
- Employers are obligated to ensure the United States of Citizenship and Immigration Services are kept informed of:
- Firings
- Termination of employment
- Changes of the employee’s eligibility
- Employers have the following responsibilities:
- Ensure the employee only performs the duties described in the petition
- Labor-related responsibilities i.e. safe and secure workplace
- Provide the employee with Form I-9
- Accept documentation if it reasonably appears to be the employee
