Types of Visas

• There are several ways for non-U.S. citizens to work legally in the United States. People who hold a Green Card are legally allowed to work in any position, anywhere in the U.S. Green Cards are generally good for ten years and are renewable. In some cases, companies who have a large number of difficult to fill positions, such as companies in the high-tech industry, are allowed to import workers from other countries. They do this using a temporary worker's visa called an H-1B visa. The total number of H-1B visas issued is capped at around 75,000. H-1B visa holders have most of the rights of other workers in the U.S. Some foreign workers, usually in low-wage unskilled jobs, work with no visa. Although these undocumented workers have some rights, they are not protected by the law in the same way as documented workers.
  
  

Rights of Green Card Holders

• People who hold Green Cards are protected by the same labor laws as U.S. citizens and nationals. Green Card holders are eligible for Workers' Compensation and Unemployment Insurance. In addition, state and federal laws guaranteeing wages for time worked and overtime wages apply. Holders of Green Cards have the right to change employers at any time. Employers cannot discriminate against Green Card holders in any way.
  
  

Rights of H-1B Visa Holders

• Holders of H-1B visas are protected by most of the same laws as Green Card holders and U.S. citizens and nationals. In addition, employers wishing to hire an employee using an H-1B visa must pay the employee either the local prevailing wage or the employers customary wage for the particular position, whichever is higher. Because the H-1B visa status is tied to employment at a particular company, being laid-off is a technical violation of the H-1B visa requirements. Although a few states offer unemployment benefits to laid off H-1B workers, most do not. In some cases, if the H-1B visa holder files for an adjustment in status, i.e. files for a Green Card, a few states may pay unemployment benefits. All federal laws against discrimination based on race, religion or national origin apply to H-1B visa holders.
  
  

Rights of Undocumented Workers

• The rights of undocumented workers are more difficult to define. In general, an undocumented worker has the right to Workers' Compensation if injured on the job. Undocumented workers also have the right to the minimum wage and overtime pay according to state laws. Two or more workers who complain about working conditions also have the right not to be fired under Concerted Activity laws. Undocumented workers may file complaints with the U.S. Department of Labor. The U.S. Department of Labor has an agreement not to report undocumented workers to immigration authorities.
  
  

Conclusion

• Most workers in the U.S. are covered equally by both federal and state law. Exceptions are in cases of undocumented workers where, for example, unemployment insurance is not available. Other exceptions exist in cases of "guest workers" on H-1B visas where a worker is prohibited from changing jobs because the visa is tied to a specific employer. The majority of foreign workers are Green Card holders and are protected to the same extent as American citizens and nationals.