How to protect your rights if you are going to work in the US

Everyone who is going to go to America on a work visa should know their rights. The US State Department has prepared a special memo in Russian, which tells how an employee can protect their rights and what state or non-governmental organizations can come to the rescue in a difficult situation.

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So, any foreigner who came to the United States on a work visa has the right to:

• receive decent treatment and wages;
• terminate the employment relationship at will;
• keep your passport and other identification documents with you;
• report abuse without fear of retaliation;
• seek help from trade unions, immigration and labor organizations, as well as other associations;
• seek justice in the courts of the United States.

There are several ways to protect yourself, depending on the type of visa you have. They are listed below and ranked by visa category.

A-3, G-5 and B-1 visas for applicants applying for visas to work as domestic service workers

If you work as a domestic helper for diplomats (A-3) or representatives of international organizations (G-5), or B-1 visa holders, your employer must provide you with a work contract that complies with US law.

The contract must contain the following items:

— the employer’s refusal to confiscate your passport, contract and other things belonging to you;

- the employer's agreement to comply with all United States laws;

— explanations regarding wages and periodic payments;

- a detailed description of your job responsibilities, the number of working hours per week, as well as information about days off, sick leave and vacation.

Make sure you understand all the terms of the agreement. If you don't understand the language in which the contract is written, ask someone you trust to translate the contract into a language you understand. Don't sign anything you don't understand!

At the visa interview, the consular officer will make sure that your contract complies with the requirements of US law. Feel free to ask the consul any questions you may have. Your employer will not be present at the interview with the consul.

If you sign a contract that violates your rights, or if your employer fails to comply with the terms of the contract, immediately call the service hotlines in the checklist. You will be helped to find a lawyer who can explain your rights in this situation.

H1A and H1B visas for highly qualified specialists

If you are heading to the United States to work as a highly skilled worker or to work in the modeling industry, please read the information on your rights and the possibility of changing employers posted on the site. travel.state.gov

H-2A visas for seasonal agricultural workers

If you are going to the US as a seasonal farm worker, you must be provided with a written job description no later than the first day of work. This document must include details of compensation, wages, accommodation, hours of employment, and transportation to and from work.

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You must be paid a salary set by the government or higher. This rate is used for hourly payments or piecework wages.

You do not have to pay US taxes or make payments to a recruiting agency in your country of permanent residence.

Your employer must provide you with clean and safe accommodation free of charge.

Your employer must reimburse you for travel expenses from your home country to a job in the United States, but only after you have completed half of the contracted period; the employer must also pay you transportation costs from the United States to your country of permanent residence at the end of the contract.

You must be guaranteed at least ¾ of the number of working days specified in the contract, unless you are replaced by a US worker during the first half of the contract period.

H-2B visas for temporary non-agricultural workers

If you are sent to the US as a temporary, non-agricultural worker, you must be paid wages at or above the most common federal, state, or local statutory minimum wage. This rate is used for hourly payments or piecework wages.

Your employer must reimburse you for travel expenses from the United States to your country of permanent residence if your job is completed, or if you are fired for economic reasons unrelated to your job, before the end of your contract.

Typically, you must be provided with the contract terms and conditions of employment that are available to US workers in that position in that part of the country.

You do not have to pay for the services of a recruiting company in your country of permanent residence.

J1 visa for exchange program participants

The minimum duration of exchange programs is 3 weeks, with the exception of programs sponsored by the Federal Government. Form DS-2019 is the main document confirming the need to apply for a J visa. This form specifies the type and timing of the exchange program. Depending on the type of program, additional documents and/or a contract may be required specifying the terms of the exchange program in which you are participating.

Your sponsor must provide you with clear information regarding the cost, conditions and limitations of the exchange program, as well as provide background information on the following points:

- general information about the J-1 visa, as well as a description of the specifics and rules of the specific program in which you are participating;

- trip to the USA;

- accommodation;

— cost and cash expenses, including accommodation, medical care, insurance;

- life and customs in the United States;

— local institutions;

- the address of your sponsor, as well as the name and contact telephone number of the specific person responsible for you;

— contact information for the Service Center for Exchange Program Participants at the US State Department;

— State Department brochure for exchange program participants.

If you are a member of the US Work & Leisure program and do not have a pre-arranged job, your sponsor must assist you in finding one if you were unable to find a job on your own during your first week in the US. Your sponsor must also ensure that you are paid wages and benefits that match the wages and benefits of US employees.

If you are traveling to the US on a J-1 visa for an internship or internship:

— Your sponsor is required to conduct a personal interview with you by phone or via webcam;

— Your sponsor must have an internship/practice plan (DS-7002) ready before you apply for a visa. This form contains official confirmation of the scholarship being paid, as well as general information about the goals and objectives of this exchange program;

- Your sponsor must provide you with written confirmation of the costs and expenses you will incur, as well as the approximate cost of living in the United States;

— Your internship/practice must take at least 32 hours per week;

— If you are completing an internship/practice in the field of agriculture, your working conditions and wages must strictly comply with federal requirements for agricultural workers.

While your sponsor is not required to provide or pay for health insurance for you, they must ensure that you have health insurance covering the duration of your stay in the United States.

If you work in the US, you will need to apply for a Social Security Number to be used by your employer when paying taxes.

If your spouse and minor child are traveling with you to the US on a J-2 visa, they may apply for a work permit only if it is not for financial support. For more information on visa categories and the procedure for entering the United States, please visit US State Department.

Your rights regardless of visa status

You also have a number of rights regardless of your visa status. If any of these rights are violated, you may report the violation to the appropriate government agency. In most cases, you can also file a lawsuit to recover damages you have suffered without the threat of being punished for doing so.

1. Your Right to No Liability

Anything your employer does to punish you for trying to assert your rights, such as threatening to report you to immigration or the police, is illegal. If your employer keeps threatening you, seek help immediately. Remember, your safety comes first!

2. The right to wages

• You have the right to be paid for all the work you do to the same extent as American workers;
• You are entitled to receive at least the minimum wage of $7,25 an hour to the same extent as American workers.

Also check:

— Minimum wage in the state in which you work. If this level is higher, you are eligible to receive that level of pay.

— Your contract with your employer, which may oblige your employer to pay a higher amount.

Most workers in the US are eligible to receive overtime pay at the rate of 1,5 times the rate for each additional hour after 40 hours of work per week. For example, if your regular rate is $10 per hour, your employer must pay you $15 for each hour you work more than a 40-hour work week.

If your employer takes some of the money out of your paycheck, it's called a withholding or deduction. Such deductions are illegal if they result in a reduction in the statutory salary level. For example, it is usually not possible for an employer to withhold part of the salary for providing housing (according to some visa categories, housing must be provided free of charge), for uniforms, protective equipment, or for the fact of hiring.

3. Your right to be protected from discrimination

As an employee, you have the right to be treated equally by your employer, regardless of your gender, race, national origin, color, religion, or disability.

Your employer must pay the same salary to each employee for the same job and provide each employee with equal career opportunities, regardless of that employee's gender, race, national origin, color, religion, or disability.

Your employer cannot force you to speak only English at work unless there is an important reason for doing so related to running the business.

4. Your rights if you are a working woman

Your employer MUST NOT treat you badly or differently than other employees because you are a woman or because you are pregnant - this is gender discrimination. Whether you are a woman or a man, your employer is NOT RIGHT to sexually harass you.

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Your employer must never:

- demand sexual intimacy from you;

- pester you or

- talk dirty or insult you.

5. Your right to a healthy and safe workplace

All employees have the right to appropriate sanitary standards and safe working conditions:

— Housing: If your employer provides accommodation, it must be clean and safe to live in.

— Restrooms: Restrooms should be clean and accessible.

— Drinking water: If you work in agriculture, you are in most cases entitled to clean drinking water and water for washing your hands.

— Illness or injury at work: If you are injured or feel unwell at work, you are entitled to medical care. In most cases, you will receive free medical care and the part of your salary that you lose during treatment.

If you are working with/or in close proximity to pesticides or hazardous chemicals:

- you have the right to wash your hands with clean water after handling pesticides or chemicals. You must undergo safety training when working with pesticides within the first 5 days of work;

- Your employer should inform you where and when pesticides were sprayed to avoid accidental poisoning. Workers and other persons should not be present in the area where pesticides are being applied;

— If you mix or spray pesticides, you must wear protective equipment (such as coveralls, masks, respirators) that must be provided by your employer and be in a clean and suitable condition for the job.

ATTENTION! Your employer cannot force you to do anything or force you to travel anywhere, even back to your country of permanent residence, by withholding your wages.

• Cases requiring urgent medical attention: If you have a medical emergency, call 911 and call an ambulance.

- Your expenses may be paid, so you need to inform your employer about the incident as soon as possible so that they can fill out all the necessary paperwork for you.

— When visiting a doctor or in the hospital, ask for copies of all documents related to your illness or injury.

6. Your right to union membership and collective advocacy

Under federal law, with certain exceptions, all US workers have the right to organize and join a trade union, regardless of their immigration status. Your employer cannot prevent you from doing so. This means that you have the right to:

— Unite with other workers to increase wages and improve working conditions;

— Attend rallies, marches and demonstrations;

— Become a member of a trade union or other workers' organizations.

7. Your right to more protection under state law

Call the hotlines listed on the flyer for information about organizations that can talk about your rights in the state where you work.

Фото: Depositphotos

8. Your right to leave a job that infringes on your rights

You should not stay at work if your employer treats you badly.

If you came to the US on a work visa and left that job, your visa status is no longer valid. However, depending on the type of your visa, you can either change its category or change employer. You can also stay in the US legally to assert your rights in court.

You can also file a formal complaint or legal action against your employer while continuing to work for them. There are harsh sanctions against those employers who try to punish their employees for standing up for their rights.

If you are having problems with your current employer, please call the hotlines listed on the flyer. They will put you in touch with a local organization that will tell you about your rights and what you can do.

Human trafficking

Human trafficking is one of the most serious labor law violations a person in the United States can face. Human trafficking refers to situations where a person is hired, transported or held against his/her will for the purpose of exploitation. The following are some warning signs that may indicate human trafficking:

Threats and intimidation:

Employers and people who help employers may use threats or other intimidation to make you or other employees afraid to leave your employer. For example:

• Beating, physical or sexual abuse;
• Threats of beatings, physical violence, or sexual assault;
• The worker is locked in a room or otherwise restricted in his freedom;
• Threats to harm an employee or their family if the employee tries to leave the employer, file a complaint/claim for mistreatment, report to the authorities, or seek assistance;
• Threatening to be deported or arrested, or turned over to the police for trying to quit, file a complaint/claim, inform the authorities, or seek help in their position;
• The employer or a person working for the employer has harmed or threatened other employees who are trying to leave, complain, report to the authorities or seek help; or made threats that if any of the workers tried to escape, they would be found and brought back.

Rules and methods of management: Employers and people who help employers can use policies and management practices to prevent employees from leaving, filing a complaint/claim of mistreatment, or seeking help. For example:

• Rules against leaving the workplace, or strict rules about where you can be outside of work hours;
• Rules against carrying your own passport, visa, birth certificate or other identification documents;
• Restrictions in diet, sleep, or medical care; or
• Obstruction or restrictions on your free communication with family, other employees or other people outside the workplace.

Deception: Employers and people helping employers may also use various forms of deceit and lies. For example:

• False promises regarding working conditions, accommodation or salary;
• You are told that you have no rights;
• You are told that you will not be believed if you try to ask for help;
• You are instructed to provide false information about employers.

What should I do if this happens to me?

If any of the above apply to you, or you are in a dangerous situation, seek help immediately by calling 911, the National Center for the Prevention of Trafficking in Persons (1-888-373-7888), or the Trafficking in Persons Reporting Hotline and exploitation in the workplace (1-888-428-7581). They can help you by referring you to the nearest victims of human trafficking organization in the region.

If you are in physical danger, you should call the police at 911.

If you have called the police, tell them about the mistreatment you have been subjected to.

Will I be deported if I report violations?

There are programs to protect people who reported such violations to the authorities. You should not be afraid to seek help even if you have concerns about your immigration status. You should consult with an immigration lawyer who does not work for your employer. By calling the "Hot Line" you can be helped to find such a lawyer.

If you believe you have been a victim of human trafficking or another serious crime, including sexual assault, you may be eligible for another non-immigrant visa such as a T visa (for victims of human trafficking) or a U visa (for victims of other serious crimes) . These visas are designed to provide protection to certain crime victims who are concerned about their immigration status. Many people are not aware of the existence of these visas, and you can make your caregivers aware of them.

What types of assistance can victims of human trafficking expect?

If you are a victim of human trafficking in the United States, you may receive benefits, welfare benefits, and immigration protection under federal or state programs.

Many organizations can help you get these services, including medical care, mental health support, housing, dental care, immigration and legal counsel, employment assistance, and Social Security benefits.

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