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H1B required fringe benefits by labor law.
Budd Lake, NJ
Viewed 41 times.
Posted 29 days ago in Employment / Labor
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My current-employer agency, upon commencement of my H1-B visa transfer, has asked me to sign a waiver to renounce my fringe benefits (e.g., health insurance, sick leaves) thereby not realizing the impact of this act for me and dependents currently residing with me. Due to current unexpected situation, one (1) of my son has had appendicitis which required appendectomy operation and therefore I am burdened with the hospital bills amounting to US 16,000+ which I am still about to negotiate to the hospital concerned. I am wondering if this is a fair and legal act in behalf of my employer to impose to me as per my current visa status being an H1-B worker. In addition, my employer failed to provide for me a copy of the LCA that had been filed for my position.
Answers (1)
David M. Blanchard
This attorney is licensed in Michigan.
Posted 13 days ago.
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THe H1b provision of the Immigration and Nationality Act generally requires that H1B employees be provided equivalent pay and benefits to their American workers in similar positions. So, the action you describe may be illegal. For a more definitive answer you should consult and attorney or speak with the US Department of labor. Other laws may apply to your situation, for instance if the employer's health plan requires them to offer it to all employees (and you fit that definition of an employee), making a job offer only of you do not elect benefits may violate state and federal law. You should consult an attorney famjiliar with the law in your state.
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