Monday, November 14, 2011

Foreign national working in US needed help? | Legal protection to a forign worker in USA

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Rules and Controls:

1.Employers, and people who help them, may use rules and controls to make it harder for you and other workers to leave, complain about mistreatment, or seek help. For example:

  •  Rules against leaving the workplace, or strict rules about where you can go when not working;
  • Rules against holding onto your own passport, visa, birth certification, or other identification documents;
  •  Denial of adequate food, sleep, or medical care; or
  • Preventing or restricting you from communicating freely with family, other workers, or others outside the workplace.
Employers, and people who help them, may also use deception and lies. For example:

  • False promises about working conditions, living conditions, or pay;
  • Telling you that you have no rights;
  • Telling you that you will not be believed if you try to seek help; and
  • Instructing you to lie about their identity.
2. What should I do if these things are happening to me?

If any one of these things is happening to you or you are in a dangerous situation, get help immediately by calling 911, the National Human Trafficking Resource Center (1-888-373-7888), or the Trafficking in Persons and Worker Exploitation Task Force Complaint Line (1-888-428-7581). They can help refer you to a local organization that help victims of human trafficking in your area.

If you are in physical danger, you should call 911 to reach the Police. If you call the police, show them this pamphlet and tell them about the abuse that you have suffered.

3. Will I be deported if I report the abuse?

There are programs to protect people who report abuse. You should not be afraid to seek help even if you have immigration concerns. You should consult with an immigration attorney who does not work for your employer. The hotline can help you find someone to consult.

If you believe you may be a victim of human trafficking or of another serious crime, including rape or sexual assault, you may be entitled to a different nonimmigrant visa, like a T visa (for trafficking victims) or a U visa (for victims of other serious crimes). These visas were created to provide protection for certain crime victims worried about their immigration status. Many people are unfamiliar with these visas and you may need to tell people assisting you about them.

4. What services are available for victims of human trafficking?

  • If you are a victim of trafficking in the United States, you may be eligible for benefits, services, and immigration remedies under federal or state programs.
  • Many organizations can help you access these services, which include medical care, mental health care, housing, dental care, legal advocacy for immigration and other legal needs, employment assistance, and public benefits.
Recognizing that you are in an abusive employment situation is the first step toward getting help.

If you arrive in the United States and have problems at work, you should seek help immediately. Do not believe your employer if he or she says that you do not have legal rights in the United States. Do not accept legal advice from your employer, contractor, or recruiter. Only an attorney representing you should give you legal advice.

If you believe your rights are being violated, the hotlines listed in this pamphlet can help you reach local organizations that can provide further assistance. Do not be afraid to contact these organizations! They are here to help you.

This pamphlet is not a substitute for legal advice. There are many different types of temporary work and educational visas, and you should not be afraid to ask for more information about your visa.

IF YOUR RIGHTS ARE VIOLATED, CALL THESE TOLL-FREE NUMBERS:

National Human Trafficking Resource Center 1-888-373-7888 (24 hours)

Trafficking in Persons and Worker Exploitation Task Force Complaint Line 1-888-428-7581

(Monday — Friday, 9am-5pm Eastern Time)