Are You Coming To The United States

Temporarily To Work Or Study?

We Are Confident That You Will Have An lnteresting And
Rewarding Stay. However, lf You Should Encounter Any
Problems, You Have Rights And You Can Get Help!

You Have the Right to:

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treated and paid fairty;

Not be hetd in a job against your wil[;
Keep your passport and other identification documents
in your possession;
Be

Report abuse without retatiation;

Request hetp from unions, immigrant and labor rights
groups and other groups; and
Seek justice

in U.S. courts.

These rights, and others, are explained in this pamphlet.

For more on your rights to be treated and paid fairly at work, see page

For more on your right not to be held in a job against your wi[t, see page 7

This pamphtet was created as a resutt of

a U.5. Federat [aw, Pubtic Law 110-457.

The U.5. Government has issued this
pamphtet to honor the rute of law and
uphotd the dignity of atl who come to

this country. The U.S. Government

is committed to combating human

trafficking and labor rights viotations.

An Overview of the Nonimmigrant Visa Process

What is a nonimmlgrant vlsa?
A nonimmigrant visa is a U.S. government document that permits individuats who
travel to the United States to request entry for a
to work or to study.
The nonimmigrant visa process invotves two
important steps:

l.

Apptying for the visa at the appropriate U.S.

embassy or consulate abroad; and

2. Presenting the visa to an immigration

inspector at a U.S. port of entry,

What are the important parts of my

documentation?

The visa. lt is located in your passport and shows your picture and visa
expiration date. lf your visa expires, you cannot reenter the Unlted States on
that visa untit it is

renewed,

lf you have an emptoyment-uasea vtsl ttre visa will inctude the name of the
emptoyer who is sponsoring you to work In the Unlted States.
Your temporary work visa does not give you permlsslon to work for any
employer that you choose-lt is permission to work only for the emptoyer tlsted
on your visa application. In rare cases, lt may be posslble to change emptoyers,

r This does not mean you have to continue to work for your employer lf the
employer is abusing or exploitlng you.

2,

The l-94 Card. Thls ls a whlte card provided

to you when you enter the Unlted States.
Your l-94 card shows the perlod of tlme that
you are alloved to remaln In the Unlted
States.
Do

not lora thlg cardl

Your Workplace Rights in the United States

There are several protections that are specific to the type of visa you receive.
These are outtined below by visa category.

A-3, G-5, and B-1 domestic employee visas

r lf you work for a diplomat (A-3 visa) or a representative of an international

organization (G-5 visa), or if you are a domestic emptoyee hotding a B-1 visa,
your emptoyer must provide you with an emptoyment contract that complies with
U.5. taw.

The contract must include the fottowing provisions:

An agreement by your emptoyer not to keep your passport, emptoyment

contract, or other persona[ property from you;

An agreement by your emptoyer to abide by atl laws in the United States;

A description of your work duties, weekly work hours, hotidays, sick days, and
vacation days.

An exptanation of how much you

frequentty you witl be paid; and

witl be paid for your work, as wetl

as how

Make sure that you understand the terms of the contract. lf you cannot
understand the tanguage in which the contract is written, ask someone you trust
to read the contract to you in a language that you understand. Do not sign

anything that you do not understandl

When you appty for the visa, a U.5. Consular Officer wilt meet with you and
confirm that your contract complies with U.S. law. Do not hesitate to ask the
U.S. Consutar Officer any questions. Your employer is not supposed to be present
when you meet with the Consular Officer.

r lf you sign a contract that violates your rights, or if your emptoyer does not do
what the contract says, catl the hotlines tisted in this pamphtet immediately.
They can hetp you find a lawyer who can hetp exptain your rights in this

situation.
H-1B and H-1Bl visas for performing services in specialty occupations
lf you are coming to the United States to perform services in a speciatty
occupation or as a fashion modet, ptease refer to www.Travel.State.gov for more
information regarding your rights and ability to change emptoyers.

H-2A temporary agricultural worker visas

r lf you are a temporary agricuttural

worker, you must receive a written

description of the terms of your emptoyment no tater than the first day of work.
This document must contain detaited information about the benefits, wages,
housing, work duration, and transportation benefits that your employer witl

provide.

. You are entitled to payment at or above a wage that is set by the government.
This rate applies whether you are paid hourty or by piece rate.

You do not have to pay either U.5. social security taxes or fees to a labor

recruiter in your home country.

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Your employer must provide clean and safe housing at no charge.

You are entitled to guaranteed work for at least 3/4 of the number of workdays
stated as the contract perlod untess you are displaced by a U.5. worker during the

Your employer must reimburse you for traniportation costs from your country to
your place of emptoyment, but onty after you complete half the contract period;
and your employer must pay for your return transportation costs for your trip
home after completion of the contract,

first hatf of the contract period.

H-2B temporary non-agricultural worker visas

r lf you are a temporary

non-agrlcultural worker, you are entitled to payment at or

above the prwaiting wage, which wltt be at least the federat, state, or local legal
mlnimum wage, but may be hlgher. Thls rate appties whether you are paid
hourly or by plece rate.

Your employer must provlde return transportatlon costs for your trip home if your
work ends or you are dlsmlssed for buslness reasons unrelated to job
performance before the end of your contract.

You are usualty entltled to terms and condltlons of employment that are normal
for slmltarly employed U,S. workers Jn the area.

o You should never have to pay fees to a tabor recruiter In your home country.
J-1 exchange visitor visas

r Unless your exchange program

ls sponsored by the Federal government, the

program must be a mlnlmum of three week duratlon. The Form D5.2019, the
baslc document requlred to appty for a J visa, reflects the category of exchange
and the program dates. Dependlng on the category of exchange, there may be
other documents and/or contracts which cover the terms of your exchange
program,

Your sponsor's advertlsements must be accurate and explain a[[ costs, conditions,
and restrlctlons of the exchange program, Your sponsor must also glve you an
orlentatlon and provlde you with lnformatlon about:

the J-1 program and a descrlption of the specific program in which you
are partlcipatlng and lts rutes;

travel and entry into the United States;

housing;

fees, and costs, inctuding living expenses, heatthcare, and insurance costs;

tife and customs in the United States:

local resources;

your sponsor's address and the name and phone number of the person
responsible for you in the United States;

contact information for the Exchange Visitor Program Services of the

Department of State; and

The Department of State's Exchange Visitor Program brochure;

o lf you are entering on a Summer Work Travel program and do not have pre-placed
emptoyment, your sponsor must assist you in locating employment if you have
not found employment within the first week foltowing your arrival, and insure
that you receive pay and benefits commensurate with those offered to your
American counterparts.

r lf your J-1 visa is for a training and internship program:

- Your sponsor must interview you in person, by tetephone or by web camera;
- Your sponsor must have a Training/lnternship Ptacement Plan (Form DS-7002)
in place before your visa paperwork is submitted. This Form includes a
written statement of any stipend you wilt be paid, and a summary of the
training objectives of the program.

Your sponsor must give you a written statement of the costs and fees you
have to pay, and an estimate of tiving expenses in the United States.

Your training/internship must be at lease 32 hours per week; and

wi[

lf your training/internship is in agriculture, your working conditions and wages

must meet strict federal requirements for agricultural workers.

Your sponsor must assure that you have medical insurance coverage, though your
sponsor need not provide or pay for this coverage.

r lf you work in the United States, you should appty for and receive your own Sociat
Security number, anb your employer must report att tax withhotdings using this
number.

o lf you are bringing your spouse or minor children with you on a J-2 visa, they may
appty for work authorization only if the income is not necessary to support you.

Your Rights Regardless of Visa Status

There are also many rights you have regardtess of your visa status. lf any of these
rights are viotated, you can report the viotations to a government enforcement
agency. ln most cases, you can atso bring a lawsuit to attempt to recover your
losses, without fear of being punished.
1. Your Right Not to Be Retaliated Against
r lt is untawful for your employer to try to punish you, for exampte, by
threatening to report you to immigration or the potice if you try to enforce your
rightsl lf your employer threatens you at any time, seek help imm.ediately.
Remember, your safety comes first!

2. The Right to Be Paid

r You have the right to get paid for all work you do, in the same manner as U.5.
workers.

You have the right to earn at least the federal legal minimum wage 56.55 per
hour, and 57.25 per hour starting on Juty 24, 2009, in the same manner as U.S.
workers. Also check

The minimum wage for the state in which you work. lf that wage is higher,
you have the right to be paid the higher amount.

Your employment contract, which may obtigate your emptoyer to pay a higher

amount.

Most workers in the United States are

entitted to overtime pay of one and a half

times the amount of their wage for any
hours worked over 40 hours per week. For
exampte, if your regular wage rate is 510 per
hour, your employer may be required to pay
you 515 for each hour you work above 40
hours in a single week.

r lf your employer takes money from your

paycheck, this is catted a deduction. Many
deductions are itlegal if they diminish your
legal wage rate. For exampte, an emptoyer
usualty may not deduct for housing (with
some visa ctassifications, housing must be provided free of charge), most
uniforms, safety equipment, or recruitment fees.

3. Your Right Not to be Discriminated Against

r As an emptoyee, you have the right to not be treated differentty or badty at work

because of your gender, race, national origin, color, religion, or disabitity.

o Your emptoyer shoutd pay the same amount to each worker for the

same work

and offer each worker the same job opportunities no matter what the worker's

gender, race, national origin, cotor, retigion, or disability.

Your emptoyer can't make you speak only in Engtish at work unless there is an
important business reason to require Engtish.

4. Your Rights as a Woman Worker

r Your emptoyer MAY NOT treat you differentty
or badty because you are a woman or you are
pregnant - this is sex discrlmlnation. Whether
you are a woman or a man, your employer ldAY
NOT sexually harass you. Your employer should
never:
Demand that you perform sex acts;

Touch you in a sexual manner; or

Say

or yell sexual or offensive comments.

5. Your Right to a Healthy and Safe Workplace

o Alt emptoyees have a right to safe and clean worklng condlfions:
Housing: lf your employer provldes housing, lt shoutd be clean, safe, and ln a
sturdy structure.

Bathrooms: Bathrooms should be ctean and accesslble.

Potable Waten lf you work in agrlculture, In most cases, you have the rlght
to receive clean water to drink and to wash your hands.
lllness or Injury on the Job: lf you are Injured or get slck at work you may
seek medical treatment. ln most cases, you wll[ recelve free medlcat
treatment and part of the wages lost while lnJured.

o lf you are working wtth or around pesticldes or dangerous chemicals:

- You have a right to wash your hands In clean water after handilng the
pesticides/chemicats. You are entltted to training on p$gclde safoty durlng
the first 5 days of work.
- Your employer must tell you where and when pestlcldes were sprayed to

avoid accidental exposures, Workers and others must not be in an area where
pesticides are being apptied.

lf you mix or appty pesticides that require you to use protective equipment
([ike coveralls or a mask or respirator), your emptoyer must give you
equipment that is clean and in good condition.

o Medical Emergencies: In the

case of an emergency, call 91 1 and ask for an

ambulance.

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Your expenses may be paid for, so you shoutd tetl your employer as soon as
possible so the employer can file the necessary paperwork.
When you are at the doctor or ctinic, ask for copies of the paperwork
regarding your ittness or injury.

6. Your Right to Join a Union and Bargain Collectively

r With few exceptions, atl workers in the United States have a right to form and
join a union, regardtess of their immigration status under federal [aw. Your
employer cannot take action against you for doing so. This means you can:

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Join with other workers to improve wages and working conditions;

Attend public speeches, ratties, and demonstrations; and

Join a union or other worker organization.

7. Your Right to More Protections Under State Law

r Catt the hotlines listed in this pamphtet for a referral to organizations that can
tetl you about your rights in the state where you are working.
8. Your Right to Leave an Abusive Employment Situation
r You do not have to stay in your job if your emptoyer is abusing you.

r But, if you came to the United States on an empto;rment'based

visa and you leave

your employer, your visa status witl no longer be valid. However, depending on
the type of visa you have, you may be abte to
change visa categories or emptoyers. You may
atso be abte to remain in the United States
tegatty to pursue a tegal ctaim.

You may also make a formal comptaint or fite a

lawsuit against your employer white you are stitl
working. There are severe penalties for an
emptoyer who tries to punish workers because
they pursue their rights.

o lf you are experiencing probtems with your current emptoyer, contact the
hottines tisted in this pamphlet. They witt be abte to connect you with a [oca[
organization that can speak with you about your options.

Human Trafficking
1. What is human trafficking?
Human trafficking is among the most terrible workplace abuses that an individuat in
the United States could encounter. Human trafficking occurs whenever a person is
recruited, transported, or kept against his or her witl for purposes of exploitation. For
a futt definition of human trafficking, please see www.state.gov/g/tip (see
Legistation-Trafficking Victims Protection Act). The foltowing are some warning signs
that may indicate human trafficking:

Threats and Fear:

Employers, and people who hetp employers, may use threats and other intimidating
acts to make you and other workers feel too afraid to try to leave. For example:
Beatings, physical abuse, or sexual abuse;

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Threats of beatings, physical abuse, or sexual abuse;

r Locking in or restraining a worker;

r

Threats of harm to the worker or the worker's famity if the worker tries to leave,
complain of mistreatment, report the situation to authorities, or seek help;

Threats of being deported or arrested, or of being turned over to potice for trying
to leave, comptain, report, or seek hetp for the worker's situation;

The employer, or someone working with the employer, has harmed or threatened
other workers who have tried to leave, comptain, report, or seek help; or makes
threats that any worker who tries to escape witt be found and brought back.

Rules and Controls:

Employers, and peopte who hetp them, may use rutes and controls to make it harder
for you and other workers to leave, complain about mistreatment, or seek hetp. For
example:

Rules against leavirig the workplace, or

strict rules about where you can

go when

not working;

Rutes against hotding onto your own passport, visa, birth certification, or other

ldentiflcatlon documents;

r Denlat of adequate food, steep, or medical care; or

o Preventlng or restrlctlng you from communlcatlng freely wlth famlly, other
workers, or others outslde the workplace.

Deception and Lies:

Employers, and people who hetp them, may also
use deception and [ies. For exampte:

False promises about working conditions,

tiving conditions, or pay;

o Tetting you that you have no rights;

o Tetling you that you witl not be believed
you try to seek hetp; and

if

o Instructing you to lie about their identity.

2. What should I do if these things are
happening to me?

lf any one of these things is happening to you or you are in a dangerous situation,
get help immedlately by catting 911, the Nationat Human Trafficking Resource
Center (1-888-373-7888), or the Trafficking in Persons and Worker Exploitation
Task Force Complaint Line ('l-888-428-7581). They can hetp refer you to a local
organization that help victims of human trafficking in your area.

r lf you are ln physlcal danger, you should catt 91 1 to reach the Potice. lf you catl
the potice, show them this pamphtet and tetl them about the abuse that you
have suffered.

3. Will I be deported if I report the abuse?

There are programs to protect people who report abuse. You shoutd not be afraid to
seek help even if you have immigration concerns. You shoutd consult with an
immigration attorney who does not work for your emptoyer. The hotline can hetp you
find someone to consult.
o lf you believe you may be a victim of human trafficking or of another serious
crime, including rape or sexuat assault, you may be entitted to a different
nonimmigrant visa, like a T visa (for trafficking victims) or a U visa (for victims of
other serious crimes). These visas were created to provide protection for certain
crime victims worried about their immigration status. Many peopte are
unfamitiar with tllese visas and you may need to tetl peopte assisting you about
them.

4. What services are available for victims of human trafficking?

r lf you are a victim of trafficking in the United States, you may be etigibte for
benefits, services, and immigration remedies under federal or state programs.

o Many organizations can hetp you access these services, which inctude medical
care, mental heatth care, housing, dental care, [ega[ advocacy for immigration
and other [ega[ needs, emptoyment assistance, and pubtic benefits.

Know Your Rights

Call one of the hotlines listed in this pamphlet if you need help
You are receiving this pamphlet because you have apptied for a nonimmigrant visa
to work or study temporarily in the United States. The purpose of this pamphlet is

to hetp you understand your rights when you arrive in the United States. Even
though you wilt be tiving in the United States onty temporarily, you witt stitt have
many of the basic workplace rights that U.S. citizens and residents have.
This pamphtet gives an overview of your basic workplace rights. Understanding
your rights witt hetp you to protect yourself from abuse. Keep this pamphtet with
you in the United States in case you need to reach someone for help.
This pamphtet was atso created to hetp you protect yourself against the most
serious abuses, such as human trafficking. Human trafficking is a form of modernday slavery where an employer or other individuat, through physical or
psychological abuse, causes an individual to feel that he or she is not free to
teave the situation. Recognizing that you are in an abusive employment
situation is the first step toward getting hetp.

lf you arrive in the United States and have probtems at work, you should seek hetp
immediately. Do not believe your emptoyer if he or she sap that you do not have
tegat rights in the tfnited States. Do not accept legat advice from your employer"
contractor, or recruiter. Only an attorney representing you should give you legal
advice.

lf you believe your rights are being violated, the hotlines tisted in this pamphtet
can help you reach local organizations that can provide further assistance. Do not
be afraid to contact these organizations! They are here to help you.
This pamphlet is not a substitute for legal advice. There are many different types
of temporary work and educational visas, and you should not be afraid to ask for
more information about your visa.