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-   -   What would you do ? (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/what-would-you-do-478532/)

candy wy. Sep 2nd 2007 3:23 pm

What would you do ?
 
The company I work for has hired a few people who are here on H2B visa. They are ignorant of the visa laws. These visas were issued through an agency, it is my understanding that they can only work for the company named on the visa and each individual company has to apply for a H2B it is not transferable. Would you Say anything or just let them continue hiring people in this way.

Ray Sep 2nd 2007 3:39 pm

Re: What would you do ?
 

Originally Posted by candy wy. (Post 5264032)
The company I work for has hired a few people who are here on H2B visa. They are ignorant of the visa laws. These visas were issued through an agency, it is my understanding that they can only work for the company named on the visa and each individual company has to apply for a H2B it is not transferable. Would you Say anything or just let them continue hiring people in this way.

Blackmail them into doubling your wages ...

special ed Sep 2nd 2007 3:51 pm

Re: What would you do ?
 

Originally Posted by Ray (Post 5264072)
Blackmail them into doubling your wages ...

Tell them - presumably, if you are correct about the law in this respect, your employers could face potentially face large fines for violating immigration employment law, which could endanger your own employment. I don't know what the penalties are for this but you don't want to wait and find out do you?

candy wy. Sep 2nd 2007 4:01 pm

Re: What would you do ?
 

Originally Posted by special ed (Post 5264101)
Tell them - presumably, if you are correct about the law in this respect, your employers could face potentially face large fines for violating immigration employment law, which could endanger your own employment. I don't know what the penalties are for this but you don't want to wait and find out do you?


The fines they can cope with :)do them good to pay some money out. The problem that I see is that we have state and federal contracts which could be put in jeopardy. just wondering if ignorance could be a defence.

special ed Sep 2nd 2007 4:04 pm

Re: What would you do ?
 

Originally Posted by candy wy. (Post 5264122)
The fines they can cope with :)do them good to pay some money out. The problem that I see is that we have state and federal contracts which could be put in jeopardy. just wondering if ignorance could be a defence.

In most legal systems, ignorance of the law is no defence. Loss of federal contracts could most certainly hurt your company, it sounds like. Look at it this way - what do you have to lose by 1. saying nothing or 2. telling your boss(es)?

NC Penguin Sep 2nd 2007 4:07 pm

Re: What would you do ?
 

Originally Posted by candy wy. (Post 5264032)
The company I work for has hired a few people who are here on H2B visa. They are ignorant of the visa laws. These visas were issued through an agency, it is my understanding that they can only work for the company named on the visa and each individual company has to apply for a H2B it is not transferable. Would you Say anything or just let them continue hiring people in this way.

Unless you're an attorney, i.e. a person qualified to give legal advice, I would not intervene. It is your employer's responsibility to know the law and if they are ignorant of it, it is their fault, not yours.

However, if you wish to say something, I would check on your state's "whistleblower" laws beforehand so you know your rights if things go pear-shaped for you.

PS: this post does not represent legal advice.

special ed Sep 2nd 2007 4:08 pm

Re: What would you do ?
 

Originally Posted by NC Penguin (Post 5264138)
Unless you're an attorney, i.e. a person qualified to give legal advice, I would not intervene. It is your employer's responsibility to know the law and if they are ignorant of it, it is their fault, not yours.

However, if you wish to say something, I would check on your state's "whistleblower" laws beforehand so you know your rights if things go pear-shaped for you.

PS: this post does not represent legal advice.

ps what penguin said;)

NC Penguin Sep 2nd 2007 4:13 pm

Re: What would you do ?
 

Originally Posted by candy wy. (Post 5264122)
The fines they can cope with :)do them good to pay some money out. The problem that I see is that we have state and federal contracts which could be put in jeopardy. just wondering if ignorance could be a defence.

Maybe your employer is knowingly flaunting the law because it knows it can comfortably pay fines if caught.

candy wy. Sep 2nd 2007 4:30 pm

Re: What would you do ?
 

Originally Posted by NC Penguin (Post 5264151)
Maybe your employer is knowingly flaunting the law because it knows it can comfortably pay fines if caught.


No they are not knowingly doing it. the other problem I have is that I was one of the interviewers.
Although all 3 applicants stated legal to work on there application they did not disclose there visa. only 4 weeks later when looking at there file did i see there visa.

dunroving Sep 2nd 2007 4:37 pm

Re: What would you do ?
 

Originally Posted by candy wy. (Post 5264184)
No they are not knowingly doing it. the other problem I have is that I was one of the interviewers.
Although all 3 applicants stated legal to work on there application they did not disclose there visa. only 4 weeks later when looking at there file did i see there visa.

I would be very careful if I were you, probably leave well alone. Does anyone else in the company know that you've seen their H2 status in their files? If not, I'd just keep quiet and assume the company has made sure these people have the correct documentation to work. Once you open your mouth, if they decide to do nothing, you then have to take on the role of either whistle-blower or accessory. Neither of those options would be fun.


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