Complaint

[jay25oct]

I am on h1b and working for a client through XYZ.( XYZ is not my direct employer). Is there a way to file a complaint against XYZ for under paying? Their marketing strategy is to get best billing rate from client and quote least billing rate for employee/consultant. As a contractor I am getting paid very less in hand after all filtered layers in between. These companies have destroyed market thats why every other vendors are offering less billing rates.  I found below information on USCIS website 

Anyone (including both American workers and H-2B workers who suspect they or others may be the victim of H-1B fraud or abuse) can send us tips, alleged violations, and other relevant information about potential H-1B fraud or abuse. Please write us at ReportH1BAbuse@uscis.dhs.gov

Individuals are also encouraged to report allegations of employer fraud and abuse by submitting a Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division. The public may also contact U.S. Immigration and Customs Enforcement (ICE) by completing the HSI Tip Form.

H-1B Fraud and Abuse Indicators

Examples of H-1B fraud indicators may include:

• The H-1B worker is not or will not be paid the wage certified on the Labor Condition Application (LCA).
• There is a wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of U.S. workers.
• The H-1B worker is not performing the duties specified in the H-1B petition, including when the duties are at a higher level than the position description.
• The H-1B worker has less experience than U.S. workers in similar positions in the same company.
• The H-1B worker is not working in the intended location as certified on the LCA.

 

 

[xTDx]

Right way to do is to report to USCIS via ReportH1BAbuse@uscis.dhs.gov and DOL as you found out yourself. This may lead to revocation of your petition itself. Better to move to a better employer first. Also , for critical issues like this, make sure you get your ideas and plans through a qualified immigration and or labour attorney. 

[pontevecchio]

If you are not getting paid the LCA wages at the very least, then by all means file a complaint.

[satya2k1]

You can file a complaint against your employer (employee-employer relationship), if they are not paying you at least the prevailing wages or wages prescribed in LCA for your job.  I don't think you can file a complaint against a vendor or middle layer person, because you are not working for them, and there is no relationship between you and middle layers.  However, you can provide tips to DOL and USCIS about any fraud or H1 abuse by anyone.

[cap-gap]

It seems obvious from the post that there is no LCA wage rate violation here..

on the contrary, workers like these are the root cause of this entire problem who signup with these EVVVVC model and provide the blood supply of the so called abuse..

[Ken7]

On ‎7‎/‎6‎/‎2018 at 11:10 AM, jay25oct said:

I am on h1b and working for a client through XYZ.( XYZ is not my direct employer). Is there a way to file a complaint against XYZ for under paying? Their marketing strategy is to get best billing rate from client and quote least billing rate for employee/consultant. As a contractor I am getting paid very less in hand after all filtered layers in between. These companies have destroyed market thats why every other vendors are offering less billing rates.  I found below information on USCIS website 

Anyone (including both American workers and H-2B workers who suspect they or others may be the victim of H-1B fraud or abuse) can send us tips, alleged violations, and other relevant information about potential H-1B fraud or abuse. Please write us at ReportH1BAbuse@uscis.dhs.gov

Individuals are also encouraged to report allegations of employer fraud and abuse by submitting a Form WH-4 to the Department of Labor’s (DOL) Wage and Hour Division. The public may also contact U.S. Immigration and Customs Enforcement (ICE) by completing the HSI Tip Form.

H-1B Fraud and Abuse Indicators

Examples of H-1B fraud indicators may include:

• The H-1B worker is not or will not be paid the wage certified on the Labor Condition Application (LCA).
• There is a wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of U.S. workers.
• The H-1B worker is not performing the duties specified in the H-1B petition, including when the duties are at a higher level than the position description.
• The H-1B worker has less experience than U.S. workers in similar positions in the same company.
• The H-1B worker is not working in the intended location as certified on the LCA.

 

 

That's not a marketing strategy, that is well.. just.. business.  Shouldn't XYZ have a contract with your employer, just like it has with the client? The rates are based on the Contract. If your employer agreed to the rates, why is XYZ at fault? Your employer should be paying you prevailing wages irrespective of the rate in the contract with XYZ.

[jay25oct]

I do not have complaint against my employer, but have issues with mid vendor desi companies like TCS,wipro, etc. They are 

On 7/6/2018 at 1:47 PM, xTDx said:

Right way to do is to report to USCIS via ReportH1BAbuse@uscis.dhs.gov and DOL as you found out yourself. This may lead to revocation of your petition itself. Better to move to a better employer first. Also , for critical issues like this, make sure you get your ideas and plans through a qualified immigration and or labour attorney. 

i mean report about mid vendors like tcs/wipro/ibm etc. i dont have problem with my employer. but these companies quote for less billing in market and by filtration consultant get paid very less. This abuse has to be stopped.

[jay25oct]

On 7/7/2018 at 12:04 PM, cap-gap said:

It seems obvious from the post that there is no LCA wage rate violation here..

on the contrary, workers like these are the root cause of this entire problem who signup with these EVVVVC model and provide the blood supply of the so called abuse..

I agree but what other options h1bs have? go back to home country and search for job?If you are not aware but Almost every full time job  , they dont sponsor h1bs. So as a h1b consultant I have no option to be on bench , my pay roll has to be run. and in that race to get a job asap we dont think about pay rate and all. In short have to signup with these EVVVVC model ,have to compromise with less pay rate and thats because of these desi companies. They are everywhere in market. Atleast some american mid vendors , they have decent rates but can not survive in  low rate competition form these desi companies. So every time I finish one project for next project I can not expect good billing. 

sometimes there are such conditions where LCA salary and actually salary does not match. So  employers will run payroll as per LCA salary and have to pay them back for extra paychek in a different way.

There are lot of such tricks used by employers. 

So overall it starts from mid vendors not paying enough and keep the largest margin for themselves. 

So Can I at least send some tips based on below point?

H-1B Fraud and Abuse Indicators

Examples of H-1B fraud indicators may include:

There is a wage disparity between H-1B workers and other workers performing the same or similar duties, particularly to the detriment of U.S. workers.

[xTDx]

Thats what this email is about : ReportH1BAbuse@uscis.dhs.gov    :  H1B Abuse.  Emailing them will not result in shutting your employer down the next day. This is just the first step from you where you represent people already being abused by vendors and what not. You do not have to sell your employer or what you feel to anyone or us. All I am saying is, if you care to email them, be ready for the worst and make sure you go through an immigration or any qualified lawyer first.

[Provence]

The H1b program has been rife with abuse for a long time.

Oddly not surprising that a shady Indian-origin employer/consultancy is ready, willing, and able to exploit foreign workers, yet those workers seek such employers in the first place for the chance to work in the US or be sponsored.. or COS from B/F visas. 

OP should, by all means, contact DHS if there is evidence of an employer violation, fraud, or abuse.