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Do H1-B workers have rights in the workplace?

Whether you are preparing to obtain a work visa or are already working in the U.S. with an H1-B visa, it is very important to understand your rights. If you live in Miami, or any of Florida's cities, there are a number of circumstances where recognizing your rights will come in handy. For example, if you suffer an injury at work, you may depend on certain benefits to move forward.

According to the Department of Labor, employers are obligated to provide H1-B workers with a number of benefits. In fact, these benefits must be offered using the same criterion offered to American workers in similar positions. Some examples include bonuses, stock options and retirement plans. Moreover, H1-B workers are entitled to various types of insurance coverage, such as disability insurance, life insurance and health insurance.

That said, there are some conditions. For example, you must work in the U.S. for over 90 days and not be receiving benefits from your native country. If you are still receiving benefits in your native country and have not worked in the U.S. for at least 90 days, the U.S. company you work for is not obligated to provide you with all of these benefits. Whether you suffer an on-the-job injury or depend on worker benefits for any other reason, it is crucial for you to gain access to any benefits you are entitled to in a time of need.

This post was assembled to provide insight on some of the rights that H1-B workers have and is not to be construed as a substitute for legal advice.

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Cuevas, Garcia & Torres, P.A.
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