How do I file a complaint against an employer in US who processed our H1B application through USCIS?

Question

An employer processed our H1B application through USCIS. The embassy told us that they need a set of documents and confirmation from USCIS that we are qualified for the profile we are applying for. The embassy sent our papers to USCIS and gave a reference number. Our prospective employer should follow up with USCIS and let us know the status but he is not updating us on anything. We are sure that he has just dropped this case altogether. We paid the employer money to process our application. Please let me know where would I lodge a complaint against this employer.

Answer 1

You were not supposed to pay the employer for the process. It is against the law, since the law says that the employer is totally responsible for all the costs to hire foreign national workers.

Answer 2

Friend,

In this case you need to file a complaint with Department of Labor. [DOL]

- You can file compaint from your conutry, without entering US.

- You need to provide all the required information for DOL along with your complaint and they will keep your identity secret.

- In this case, they will inquire for all past pay stubs and other details from the employer.

Visit www.dol.gov.

All the best

Answer 3

this is why immigrants get a bad reputation. why don't they go after the employers and big corperations who are breaking the law?

Answer 4

I have bad news for you.

you are outside this country, you are not US citizen and this mean you do not have any legal rights.

2ND -- it sound a big scam, you should not pay us employers for HB visa,

i did work for international nurse recruiter office in usa ,and we never ask HB  visa employees to pay any fee.

it's against the law.

you been ripped off.

BUT YOU CAN'T SUE,FILE A COMPLAIN, OR EVEN ASK US EMBASSY TO FILE A COMPLAIN.

SORRY FOR YOUR LOST.

JUST BE CAREFUL

THEIR A LOT OF BAD APPLES IN usa.

Answer 5

First, it is illegal to pay an employer to get you a visa.  The employer has to pay all the application fees, etc. to get visas for their employees.

The H1-b visas for fiscal year 2009 have already been allocated, and those who who receive them will be allowed to enter the US in October.  No applications will start being processed until April 2009 for the Fiscal Year 2010 quota.

Unemployment is rising in the US -- over 400,000 per week being laid off.  It is becoming much more difficult for employers to prove that there are no Americans qualified for any openings they might have.  Many body shops have had their H1-b visaholders on the bench since they arrived last October.  They are not being paid, there is no work, and they are in violation of their visas and will have to return to their own country.  Furthermore, employers are not renewing visas or are terminating visaholders outright.  In either event, the visa is cancelled and the holder must return home immediately.

The company has submitted your applications as agreed.  You probably have nothing to complain about.  As for the payment you made, did you pay the US company or a foreign employment agency?  If you paid a foreign employment agency, there's nothing to be done about it.  And how are you going to prove that the US employer demanded the money?