T Visas for H2B employees
DeeDee Zepeda • Jan 17, 2024

An H2B Visa allows employers to hire nonagricultural employees on a temporary basis in the U.S.   

           

Employers must obtain a prevailing wage to ensure workers are paid fairly based on the occupation in which they will work in a geographic location.

 

If you are or have been an employee on an H2B visa and you believe that you are a victim of human trafficking, our office may be able to help you apply for a T visa.

 

Determining whether an H2B employee is a victim of human trafficking requires complex legal analysis and no one factor is decisive. Below are a few of the scenarios we often see in helping clients who have become victims of labor trafficking as an H2B employee:

 

 

Debt

 

           H2B employees may pay fees to an agency to help them with recruitment, placement, and visa processing. The agency may then direct them to state they did not pay any fees when they attend a visa interview when they in fact did. 

 

False promises about housing

 

           H2B employees may be promised housing only to discover they need to find their own housing once they arrive at the location of employment. Some H2B employees may be forced to pay more for housing than they were originally promised or than is reasonable for the place where they reside. The rent may come as a deduction from their paychecks.

 

False promises about job

 

           H2B employees may be promised a specific position in a specific city and state. However, when they arrive, they may discover the job is not as promised. They may have to travel to another state for work or complete work that was not as promised in the original agreement.

 

False promises about visas

 

           Some H2B employees may be promised a visa extension or change of status. They may be told they can apply for and work on a tourist visa. H2B employees may pay fees for the visas, but never receive receipts for their applications. They may be confused as to what their legal status is and never receive a clear answer when asking the agency helping them apply.  

 

Harsh working conditions

 

H2B employees may be forced to work long hours or complete more work than is reasonable within their scheduled shift. Employers may yell at them to work fast, threaten them if they do not or treat them poorly. In some cases, the H2B employees may be forced to work while sick and never receive a day off work.

 

Underpaid Wages

 

           Some H2B employees may not be paid the prevailing wage, or they may not be paid for all of the hours they worked. They may not be paid time and a half for overtime work they have worked or be paid less than they were promised.

 

 

If you believe you may have been a victim of human trafficking, please contact us for a consultation.

                                                 

 


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