Almost two months ago, I joined a start-up on H1B. The company says they have some “cash-flow issues,” and is therefore delaying paying me my salary. Do I have any options?

Answer

An H1B employee MUST be paid pursuant to the terms of the approved H1B petition and LCA. Failure to provide the required salary is a violation of DOL regulations by the employer, and may mean that the H1B worker is “out of status.” To discuss the immigration issues, one in this situation should consult with a qualified attorney. As for the wages owed, one may contact the U.S. Department of Labor’s Wage and Hour Division. (17.Jul.2019)

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