Rights of immigrants in usa H1b, H4, F1, B1, B2 Visa, Green Card
All people in the U.S. have certain rights and protections provided by the U.S Constitution regardless of your immigration status. Everyone including Advocates and the general public can use and share these resources to make sure these rights are maintained and respected.
These are the general rights of working people in America irrespective of their nationalities and immigrant status.
These points have taken from travel.state.gov website.
Your Right to Be Paid Fairly:
Constitution gives you the right to be paid for all your work that you do. You have the right to earn at least the federal legal minimum wage for most jobs. See http://www.dol.gov/whd/minimumwage.htm for the current federal minimum wages
Your Right to Be Free from Discrimination:
You have right to be free from any kind of discrimination in and around your work place. It is unlawful for your employer to treat you differently or badly at work because of your age, gender or sex, race, national origin and ethnicity, color, religion, genetic information (including family medical history), or disability. It is against your right to treat you differently because you are a woman or because you are pregnant, nursing, or may become pregnant.
Your Rights to Be Free from Sexual Harassment and Sexual Exploitation:
• It is unlawful for your employer to sexually harass you. Your employer should not make any offensive sexual or gender-based comments. • It is unlawful for your employer to sexually exploit you, including: • Demanding that you perform any sex act. • Touching you in a sexual manner. • Forcing, tricking or coercing you to perform any sex act.
Your Right to a Healthy and Safe Workplace:
Below are the rights for a worker in the United States: 1. Medical Treatment 2. Protective equipment 3. Training 4. Housing 5. Bathrooms 6. Portable water 7. Soap and Clean Water 8. Medical emergencies
Your Right to Request Help from Union, Immigrant, and Labor Rights Groups:
You have the right to join along with your coworkers to ask your employer to improve your wages or working conditions. Most workers also have the right to form, join, and support a union in your workplace. • When you are not working, you can attend public speeches, rallies and demonstrations supporting higher wages or better working conditions at your workplace. • You have this right regardless of your immigration status. Your employer cannot take action against you for utilizing your rights.
6. Your Right to Leave an Abusive Employment Situation:
• This is very important point. The most important thing is for you to seek safety if you are being abused. You do not have to stay in your job if your employer is abusing you. • It is possible that your visa status will no longer be valid if you leave your employer, you may still be able to change your visa status or employer. You may need to leave the United States to do so. Even if your visa status is not valid, help is available once you leave your abusive employer. • You are free to make a formal complaint or file a lawsuit against your employer while you are working or after you leave your employer. Your employer can not take any action if they do so they are violating the law.
Do You Know Your Rights? What To Do If ICE Comes To Your Door?
Remember these 5 points.
- Do not open doors:
If ICE comes to your home then you may refuse to open doors. ICE can not come in without a signed warrant from criminal court judge. They can only come in if you allow them.
- Remain silent:
ICE can use anything you say against you in your immigration case. So claim your right to be silent. You can say i plead the 5th amendment and choose to remain silent
- Do not sign:
Do not sign anything ICE gives you without talking to your attorney.
- Report and Record:
Report immediately to UWD hotline: 1-844-363-1423. If you are not on federal gov property then take pictures and videos. Note down badge numbers, number agents, type of cars and what exactly happened.
- Fight Back:
Find a good attorney and explore all your options to fight your case. If detained you may be able to get bail so, do not loose hope.
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