If an employer hires a person on H-1B non-immigrant visa, that employer is required by law to follow certain procedures.
e.g.,

• H-1B worker must be paid his/her full salary mentioned on LCA (Labor Condition Application) irrespective of whether the employer has client or not, whether there is enough work or not.
• When the employee is laid off, the employer must pay for the transportation cost back to the home country.
• Most of the H-1B filing fees related must be paid by the employer.

If you feel that your employer has possibly committed a violation of provisions of the H-1B program, you can file Form WH-4. This form is authorized by the American Competitiveness and Workforce Improvement Act of 1998. Using the information provided on WH-4 Form, Department of Labor may be able to get assistance in determining whether the named employer of H-1B nonimmigrants has committed a violation of provisions of the H-1B program.

You should also additionally read relevant FAQ for more information on H-1B employee/employer disputes.

• Download WH-4 Form
• Please provide as much request information as possible.
• If you need additional space to answer any specific question, please attach additional sheet(s). Write down the question number next to each answer in additional sheet(s).
• If you need any help completing the form or if you don't understand any contents of the form, please contact the local Wage and Hour office of the U.S. Department of Labor.

Completed WH-4 form must be forwarded to the Wage and Hour Division (WHD) office which has jurisdiction over the physical location of the employer. After the form is submitted, Department of Labor's representative may contact you if further information is necessary to initiate an investigation.