Thursday, June 4, 2015

Abused by an Employer? H4 and H1B visa holders might now be eligible for a U Visa.

The Department of Labor after consideration, has now started certifying U visas.  In this article
 "The Department of Labor planning to exercise authority to certify the U Visa", we cover the new exercise of power of the DOL in certifying the U visas. Previously most U visas were certified by regular law enforcement such as the Police, the FBI or the District Attorneys.  With this new rule, DOL is now involved in the matter.

The DOL mentions that as of April 2, 2015, when detected in the process of investigating a civil law under its jurisdiction, the Wage and Hour Division will consider completing U visa certifications, Form I-918, Supplement B, for the following eight crimes: involuntary servitude, peonage, trafficking, obstruction of justice, witness tampering, fraud in foreign labor contracting, extortion and forced labor.

http://www.peerallylaw.com/dol-signing-u-visa-certifications/In simple terms, if you are an employee who have been forced to work without pay or have been subject to fraud in contracts as a foreign labor such as H1B, H3, H2, or now even H4 visas and you have been abused with one or several of the above crimes, you might be able to apply for a U visa. The U visas are very powerful because they ultimately lead to a green card.
So employer beware - do not abuse any American or Foreign citizens!!!

If you think you are victim of any of the above crimes, please call us at (510) 742 5887, we will be glad to assess.