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  1. #1
    Join Date
    Jun 2020

    Default H1b Workers Over Us Workers

    My question involves labor and employment law for the state of: Michigan

    My company is now in a difficult situation and desperately want to cut cost in any means
    One of the means is to replace US workers with H1b holders, as the h1b holders earn much lower
    salary than US workers. to prepare the replacement, the company is making some cases onto the US
    workers. I have been seeing and facing these experience:

    1. My work has been split and transferred to the h1b worker gradually, one portion a time, even though I am much more experienced in working on the jobs than the h1b holder
    2. I did not have chance to present my work in the related meeting but ok for the h1b holder
    3. In every possible scenario, the manager try to promote the h1b holder directly and indirectly
    4. My approach to complete my jobs better/faster was not accepted but I have to work following a high-position person's direction. So I would have little credit for the job completion or even was blamed on any delay because following other's direction.
    5. I has been asked to completed my assignment in a very tight schedule, for example, I was requested to complete an assignment in hours while in days for my peers, or in days while in a few weeks for my pears.
    6. the worst thing is: when I talked with my direct leader about my experience, my complaints were completely ignored

    I would appreciate very much for any advice in dealing with the situation.

  2. #2
    Join Date
    Oct 2014

    Default Re: H1b Workers Over Us Workers

    Quote Quoting Pine_hill76
    View Post
    I would appreciate very much for any advice in dealing with the situation.
    Unfortunately, replacing a high paid employee with someone who will do the job for less pay is not itself illegal. But replacing U.S. citizen workers with H!B visa workers may violate the federal law that set up the H1B visa program as it contains certain rules to protect citizens from being displaced by H1B workers. The idea of H1B visas was to provide workers for positions that are otherwise hard to fill with just citizens. In other words, these workers are supposed to fill jobs that otherwise cannot be filled by citizens. See the U.S. Department of Labor (DOL) H1B employment law guide for more information about the program. You may make a complaint with the DOL by filing a Form WH-4 if you believe that your employer is replacing citizens who are skilled to do the job with H1B visa holders.

    In the end, though, if your employer is really struggling financially, it may be just a matter of time before you get laid off even if the company is following the rules. So I suggest you get ready to start looking for work should the hammer fall. If you are prepared for it then it will be less of a shock and you can hit the ground running in a search to find a job elsewhere.

  3. #3
    Join Date
    Jun 2020

    Default Re: H1b Workers Over Us Workers

    Dear Taxing Matters, thank you so much for your helpful and detailed reply/instruction! I will follow it to be prepared.

    Many thanks again!

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