Whether you’ve obtained a temporary work visa solely for employment purposes and plan on returning to your home country upon its expiration, or you intend to apply for permanent residence, it’s critical to understand that you have a number of rights in your workplace. If you’re unsure what your rights are as a non-citizen worker, it’s imperative to keep reading. The following blog explores what you should know about these difficult matters, including the importance of working with Fairfax County work visa lawyers to explore your legal options if you have reason to believe your rights are being violated.
How Do I Obtain a Temporary Work Visa?
In order to obtain a temporary work visa, you’ll need to first ensure you qualify for the specific visa you need for your employment. There are many types of temporary visas for non-immigrant workers, with the most common being H-1B visas. These allow those with specialty occupations, like those who work in a highly specialized field and have unique duties. In order to obtain an H-1B visa, you must have a bachelor’s degree or its equivalent or have experience in the field.
However, you’ll also find that H-2A visas for agricultural workers are common, as well as H-2B visas, which are for those working in non-agricultural fields.
Typically, to obtain a temporary work visa, you must meet the eligibility requirements of the specific visa for which you are applying. However, the first step in this process is to complete Form DS-160, Online Nonimmigrant Visa Application, and gather supplemental documentation. You’ll then need to schedule an interview with the consular office, where they will then issue a decision.
Do I Have Rights as a Non-Citizen Employee?
If you are working in the United States on a temporary visa, you may assume that because you are not a citizen, you do not have rights in your workplace. However, this is far from the truth. In reality, there are a number of important rights provided to all employees, regardless of their citizenship status.
One of the most important rights you have is the right to a safe workplace. This includes a safe and healthy work environment, adequate training, proper protective gear, and defect-free equipment. Additionally, if you are injured, you have the right to receive workers’ compensation.
You also have the right to leave an abusive job situation. Unfortunately, this can be incredibly difficult for many workers, as ending your employment will result in your visa becoming invalid. However, there are other options, and you may apply for a change of status. If this represents your circumstances, working with an experienced attorney is critical to explore your options.
As you can see, there are several important rights workers in the United States have, regardless of their immigration status. If you believe your rights have been violated or you need assistance with your visa, the team at Goel & Anderson is here to assist you. We understand how difficult these matters can be to navigate, which is why we will do everything in our power to help you through these challenging times. Contact us today to learn more.
