Know your rights If you need help, call one of the telephone numbers that appear in this booklet.

This brochure is provided because you have processed a nonimmigrant visa to study or work
temporarily in the United States. This brochure has the so that you know your rights once you are
in the United States.

Yes well your study in the American Union is temporary, you will have the most rights
fundamentals at work that American citizens or residents enjoy This booklet gives you a summary
of those fundamental rights at work. Yes know those rights, you can protect yourself from abuse
and / or abuse.

To request help (if necessary), keep this booklet handy while you are at U.S. You can also protect
yourself from the most serious abuses such as trafficking in people, a crime comparable to the
practice of slavery in modern times, in which another person, through physical or psychological
abuse, causes the employee does not feel at liberty to withdraw from that abusive situation or
that abuse The first step to getting help is to recognize that you are working under inhuman
conditions.

If you arrive in the United States and have problems at work, you should look help immediately.
Do not believe your employer if he tells you that you do not have legal rights in the United States.
Do not accept legal advice from du employer, employer, or contractor. Only the lawyer who
represents you can give legal advice. If you believe your rights are infringed, the phone numbers in
this booklet they will put you in touch with legal assistance agencies that will give you the help
which requires.

Do not be afraid to communicate with those entities! They are here to help you. This brochure is
not a substitute for better legal advice. There are many types of temporary work and visas for
studies, and should not hesitate to ask for more information about your own visa.

SI SE INFRINGEN SUS DERECHOS, LLAME A LOS SIGUIENTES NÚMEROS TELEFÓNICOS

GRATUITOS: Centro Nacional contra la Trata de Personas (National Human Trafficking Resource
Center) 1-888-373-7888 (las 24 horas) Servicio contra la Trata de Personas y la Explotación
Laboral (Trafficking in Persons and Worker Exploitation Task Force Complaint Line) 1-888-428-
7581 (de lunes a viernes, entre las 9 de la mañana y las 5 de la tarde, hora del Este)
 DO YOU COME TO THE UNITED STATES TEMPORARILY TO WORK OR STUDY?

We trust that you have an interesting stay and that you are gratified. If you have difficulties,
remember that you have rights and can get help. You have the right to:

• Treat and pay fairly;

• That they do not keep him in a job against his will;

• Keep your passport and other identity documents in your possession

• Report abuses without retaliation;

• Request help from unions, advocacy groups for immigrants and workers as well as other groups;
Y

• Seek justice in US courts. This booklet explains these and other rights.

If you are abused or your rights are violated, call the following toll-free numbers:

Emergency Hotline 24 hours a day from the National Human Trafficking Resource Center
(1-888-373-7888)

(administered by a non-governmental entity)

Access number for complaints to the Special Mission against Trafficking in Persons and Labor
Exploitation

(Monday to Friday, between 9 in the morning and 5 in the afternoon, Eastern time)
1-888-428-7581

(administered by the Department of Justice of the USA)

If you are in imminent physical danger, call 911

 For more information about your labor rights and a living wage, see the page 5

For more information about your right not to be retained in a job against your will, see page 7.

This booklet has been published under a federal law from the USA UU., Public Law 110-457. The
government of I know. UU has published this booklet out of respect for the laws and protect the
dignity of all who come to this country. The American Government is committed to combating
trafficking in persons and contraventions of labor rights.

REMEMBER!

There are ways to protect yourself.

 Keep your passport in a safe and easily accessible place at all times;

 Leave copies of your passport, visa and employment contract with your relatives or friends in
their country of origin;

 Always have with you the telephone number of the embassy of your country;

 Have this booklet available so that you can consult it once you are in the U.S;

 Take note of all the days and hours you work and the amount and date of each payment you
receive, and

 Call the emergency line of the National Center Against Trafficking in people,

 1-888-373-7888 (24 hours) or the complaint number of the Special Mission against Trafficking in
Persons and Labor Exploitation, 1-888-428-7581 (days from 9 in the morning to 5 in the evening,
Eastern time), if you need help.
 Generalities of the procedure to obtain the nonimmigrant visa

What is a nonimmigrant visa?

A nonimmigrant visa is a document of the Government of the United States
that allows those who travel to the United States to apply to the country for a
particular reason; for example, to work or
study.

ADVICE
Before traveling to the United States, make two copies of all important documentation,
especially your passport (with the visa), your work contract and your identity documents. Give a
set of these copies to someone of your confidence in your country of origin. When I arrive in the
United States and receive an I-94 card, make a copy of it in case you lose it. Save these
documents in a safe place.

The procedure to obtain the nonimmigrant visa consists of two important steps:

 Apply for a visa at the US embassy or consulate abroad; Y

 Present the visa to an immigration inspector at the port of entry to the US. UU
What are the important parts of my documentation?

 The visa. It is in your passport and shows your photograph and the expiration date of it. If your
visa has expired, you can not use it to re-enter the United States, until it has been renewed.

• If you have a specific employment visa, it will include the name of the employer that requires
you to work in the United States.

• Your temporary work visa does not allow you to work for any employer you choose: it is a
permit to work only and exclusively for the person or company stipulated in your visa application.
Only in very special circumstances can it be possible to change employers.

• This does not mean you have to continue working for your employer if it abuses you or exploits
you.
 The I-94 card. This is a white card that is given to you when you enter the United States. Your I-
94 card shows the period during which you are allowed to stay in the United States. Do not lose
this card!
 ADVICE
Once you are in the USA US, save the passport and other travel documents in a safe place to
have access at all times. It is unlawful that your employer I removed his passport.

Your rights at work in the United States

There are several protections that depend specifically on the type of visa and that are explained
below.

Visas A-3, G-5 and B-1 for domestic employees:

• If you work for a diplomat (A-3 visa) or for an official of an international organization (G-5 visa),
or if you are a domestic employee with a B-1 visa, your employer must provide you with an
employment contract that complies with the laws of the United States.

• That contract must include the following provisions:

 An agreement from your employer that your passport, employment contract or any other item
you own will not be retained;

 An agreement from your employer in which you agree to abide by all laws of the United States;

 An explanation of how much and how often you will be paid for your work; Y

 A description of your work obligations; the hours a week that you should work; and holidays, sick
leave and vacations.

• Make sure you understand the conditions of the contract perfectly. If you do not understand the
language in which the contract is written, ask someone you trust to read it in the language you
understand. Do not sign anything you do not understand!

• When you apply for a visa, a consular officer from the United States will interview you and
confirm that your contract complies with the laws of that country. Do not hesitate to ask the
consular officer any questions you may have. Your employer should not be present when you
meet with the consular officer.

• If you sign a contract that infringes your rights, or if your employer does not comply with the
document, call the telephone lines listed in this booklet immediately. They can tell you how to
contact a lawyer to explain your rights.
 H-1B and H-1B1 visas to provide services in specialized occupations:

• If you come to the United States to provide services in a specialized occupation or as a model for
the garment industry, go to www.travel.state.gov for more information about your rights and the
right to change employers.

H-2A Visa for seasonal agricultural workers:

• If you are a temporary agricultural worker, you must receive a written description of the
conditions of your employment no later than the first day of work. This document must inform you
in detail about benefits, salary, housing, duration of employment, and bonuses that your employer
will provide.

• You have the right to receive a salary according to the stipulations of the government or even
higher, whether paid by the hour or by piecework.  

• You do not have to pay taxes to the social security of the USA. UU nor commissions to a labor
contractor in your country.

 • Your employer must provide you with clean and safe housing at no cost to you.

• Your employer must reimburse you for transportation costs from your country to your place of
employment, but only after you have completed half of the contract period; and you will have to
pay transportation costs back to your country after the end of your contract.
 
• You have the right to guaranteed work for at least three-quarters of the number of work days
stipulated in the contract, unless you are displaced by a local worker during the first half of your
contract period. H-2B Visa for temporary non-agricultural workers:

• If you are a temporary non-agricultural worker, you have the right to receive the current salary,
which will be at least the minimum legal salary at the federal, state or local level, although it may
be higher. This is valid if you are paid by the hour or by the piece.

• Your employer must pay transportation costs back to your country in case your work ends or if
you are dismissed before the time stipulated in the contract, for reasons unrelated to your job
performance.

 • Generally, you are entitled to the terms of employment that are considered normal for US
employees hired in a similar manner in the same area.

 • You should never pay commissions to a contractor for labor in your country.
 J-1 Visa for exchange visitors:

 • Unless your exchange program is sponsored by the federal government, it must be a minimum
of three weeks in length. In form DS2019, the essential document to process a J-1 type visa, the
exchange category and the dates of the program are stipulated. Depending on the category, there
may be other documents or contracts that set the conditions of your program.

• Your sponsor's announcements must be accurate and explain all costs, conditions and
restrictions of the exchange program. You should also provide guidance, as well as, the following
information:
 About the J-1 visa and the specific name of the program in which it will participate, its rules and
conditions;
 About the trip and the entrance to the United States;
 Housing;
 Fees and costs, including living expenses, medical care and safe;

 Life and customs in the United States;

 Services and attractions in the locality;

 The address of your sponsor and the name and phone number of the person in charge of you in
the United States;

 Information to communicate with the Exchange Visitor Program Services of the Department of
State; Y

 The information brochure of the Exchange Visitor Program of the Department of State;

• If you enter the country in a summer work and travel program and you do not have pre-assigned
work, your sponsor should help you find work after the first week after your arrival, and make sure
you receive payment and benefits according to those offered to their American counterparts.

• If your J-1 visa is for a training and internship program:

 Your sponsor must interview you in person, by phone or via webcam;

 Your sponsor must have a Training or Internship Placement Plan (Form DS-7002) before
presenting the documents for your visa. This form consists of a written statement of the stipend
that will be paid, if any, and a summary of the training objectives of the program.

 Your sponsor must give you a written statement of the costs and charges you will have to pay
and an estimate of the daily expenses necessary to survive in the United States.
  Your period of training or internship must have a minimum duration of 32 hours per week; Y

 If your training or internship is in agriculture, your working conditions and your salary must meet
the strict federal requirements for agricultural workers.

• Your sponsor must make sure you have health insurance, even if he does not have to provide it
or pay this benefit.

• If you work in the United States, you must request and receive your own Social Security number,
and your employer must declare all tax withholdings made through this number.

• Both your spouse and minor children traveling with you with a J2 visa can apply for a work
authorization as long as the income they obtain is not necessary to support you.

Para más información sobre categorías de visa y los procedimientos de

entrada a los Estados Unidos, consulte el sitio web del Departamento de
Estados de los Estados Unidos. www.Travel.State.gov

Your rights, whatever the category of your visa

 There are many rights that you have regardless of the type of your visa. If any of these rights is
violated, you can notify any entity for compliance with the law. In most cases, you can file a
lawsuit with the firm intention of recovering your losses, without fear of being sanctioned.

1. The right not to be retaliated against you

• It is unlawful for your employer to try to punish you and threaten to report you to the police,
just because you want to exercise your rights. If your employer threatens you at any time, try to
get help immediately. Remember that your safety is first and foremost.

2. The right to be paid

• You have the right to be paid for all the work you do, in the same way as for American workers.

• You have the right to earn at least the federal legal minimum wage of $ 7.25 per hour, just like
with US workers. Check also the following:

 The minimum wage of the state in which you work. If this is higher than the one mentioned in
the previous paragraph, you have the right to be paid the highest amount.

 Your employment contract, which may in some way force your employer to pay you a higher
amount.

• In the United States, most employees are entitled to be paid for overtime, which is equivalent to
receiving an hour and a half of their normal salary. This applies if you work above the 40 hours per
week stipulated by law. Example: If your normal salary is $ 10 per hour, your employer must pay
you $ 15 for each hour of work done after you have exceeded 40 hours per week.

• If your employer withholds some money from your salary, this is called a deduction. Many
deductions are illegal if they lower your legal wage rate. Example: an employer can not usually
deduct money for housing (in some visa categories, housing must be provided at no cost), for most
uniforms, safety equipment, or contract commissions. job.

ADVICE

Be sure to write down all of the time you work in writing. Get a notebook and write
the days and hours of work done, how much you have been paid, the days you
received the payments, the deductions from your salary, if any, and the reasons for
such deductions.
3. Your right not to be discriminated against

• As an employee, you have the right not to be treated in a different way, in a bad way or to
discriminate based on sex, race, nationality, skin color, religion or disability.

• Your employer must pay the same amount to each worker for the same job performed and offer
everyone the same employment opportunities regardless of sex, race, nationality, skin color,
religion, or disability.

• Your employer can not force you to speak English at work only, unless there is an important
reason why the company requires it in that way.

4. Your rights as a woman in the workforce

• Your employer CAN NOT treat you differently or in a bad way, just because you are a woman or
because you are pregnant; this constitutes discrimination based on sex. Regardless of sex, your
employer CAN NOT subject you to sexual harassment. He will not either:

 Require him to perform sexual acts,

 Touch him sexually, nor

 Tell him or shout sexual or offensive comments.

5. Your right to a safe and healthy workplace

• All employees have the right to safe and clean working conditions:

 Housing: If your employer provides housing, it must be clean and safe, and in addition to solid
construction.

 Bathroom: They should be clean and accessible.

 Drinking water: If you work in agriculture, in most cases you have the right to receive clean
water to drink and to wash your hands.

 Illness or injury at work: If you are injured or sick at work, you can get medical attention. In
most cases, you will receive free medical treatment and part of the salary not received while you
were injured or incapacitated.

• If you work with or near pesticides or other hazardous chemicals:

 You have the right to wash your hands with clean water after working with pesticides or other
chemical materials. You have the right to receive training on the safety of these substances during
the first five days of work.
 Your employer must tell you where and when the pesticides were sprayed, to prevent accidental
exposure to pesticides. No person (including employees), they must be in the area of application
of the pesticides.

 If you mix or apply pesticides that require the use of protective equipment (such as coveralls,
masks, or respirators), your employer must provide you with equipment that is clean and in good
condition.

• Medical emergencies: In case of emergency, call 911 and ask for an ambulance.

 It is possible that your medical expenses are borne by the company; in this case, you must notify
your employer as soon as possible so that you can carry out the relevant procedures.

 If you go to the doctor's office or clinic, ask for copies of the documents related to your illness or
injury.

6. Your right to associate with a union and to bargain collectively

• According to the federal laws of the United States, all workers, with some exceptions, have the
right to form and associate with unions, regardless of their immigration status. Your employer can
not file a lawsuit against you for doing so. This means that you can:

 Join other workers to improve wages and working conditions;

 Attend public conferences, rallies and demonstrations; Y

 Join a union or other labor entity.

7. Your right to more protections under state laws

• Call the emergency lines listed in this booklet to be sent to entities that can explain your rights
according to the state where you work. 8. Your right to leave a situation of abusive employment

• You do not have to stay tied to a job if you are mistreated by your employer.

ADVICE
Be sure to record in detail each action or improper comment of your employer against you
and write the names and telephone numbers of any witnesses.
• If you came to the United States with a work visa and quit your job, this document will no longer
be valid. However, depending on the type of visa you have, you may be able to change the
category of the same or employer. It is also possible that you can legally stay in the United States

to file a legal claim for work.

• You can also file a complaint or court action against your employer while you continue to work.
There are serious penalties for employers who punish or attempt to do so only because workers
seek to enforce their rights.
• If you are in difficulties with your current employer, call the emergency lines listed in this
booklet. There they will be able to put you in contact with some corresponding agency near your
locality so that they help you and offer your options.

ADVICE

You have rights in the United States and nobody can take them from you. There are
hundreds of entities that can help you. Do not be afraid to ask for help to protect
your rights.
 Trafficking in persons

1. What is trafficking in persons?

Human trafficking is one of the most serious abuses that a worker in the United States can suffer.
There is this illicit when, in order to exploit it, a person is contracted, transported or detained
against their will. You will find a complete definition of this crime on the website
www.state.gov/g/tip (see Legislation - Trafficking Victims Protection Act). The following are some
of the signs of trafficking in persons:

Intimidation and threats

Employers and their immediate assistants sometimes make use of the threat and other acts of
intimidation so that you and other workers are afraid to not try to escape (leave the job). We have
the following examples:

• Blows or other physical or sexual abuse.

• Threats of beatings or other physical or sexual abuse.

• Closure or subjection of the worker.

• When the employee tries to leave his job, for whatever reason, he complains of ill treatment,
notifies his situation to the competent authorities or asks for help, there are employers who
threaten them with causing harm to them and / or their family members.

• The threat of deportation or of delivering the employee to the police for attempting to escape,
for complaining, reporting, or asking for help.

• The employer or his collaborators have harmed or threatened other workers who have tried to
escape, complained, reported abuse, or asked for help; or the employer or his collaborators have
stated that the employee attempts to leave the job will be found and relocated to his position.

Rules and controls

Employers and immediate assistants can make use of rules and restrictions to make it more
difficult for workers to leave the job, as well as to avoid being mistreated or asking for help. We
have the following examples:

• Restrictions about leaving the job or about where they may or may not go, outside of working
hours.

• The prohibition or restriction of the employee having his passport, visa, birth certificate, or other
identity documents with him.
 • Refusing to offer medical assistance, prohibiting the employee from having adequate hours to
sleep and necessary food.
• The prohibition or restriction of free communication with your family, with work colleagues, or
with anyone who is away from work.

Deception and lies  

Employers and personal assistants can also use tricks and lies. On this subject we can cite the
following examples:

• When offering employment, lie about working conditions, housing or salary.

• Notify the employee who has no rights.

• Warn the employee that no one will believe him if he asks for help.

• Ask the employee to lie about his identity.

2. What should I do if I find myself in this situation?

 • If any of these happen to you or if you are in danger, get help immediately, by calling 911, or
the National Center for Trafficking in Persons (National Human Trafficking Resource Center, 1-888-
373-7888) or to the number for complaints of the Service against Trafficking in Persons and Labor
Exploitation (Trafficking in Persons and Workers Exploitation Task Force Complaint Line, 1-888-
428-7581), so that they can help you to get in touch with an assistance institution victims,
according to the area of residence.
• If you are in physical danger, you must call 911 to notify the police and inform them of the
abuses to which they have been subjected. When the officers come to your call, show them this
booklet.
2. Will I be deported if I report the abuse I have suffered?

There are programs created to provide protection to people who have filed a complaint or
reported having suffered abuse against them. You should not be afraid to seek help even if your
legal status is not defined. Consult with a lawyer who specializes in immigration matters, ensuring
that you are not working for your employer. The telephone numbers provided in this booklet will
help you find the assistance you require.
 • If you consider yourself a victim of human trafficking or another crime, including rape or sexual
assault, you may be entitled to a different visa for non-immigrants, for example, the T visa (for
victims of trafficking) or U visa (for victims of other serious crimes). The purpose of these visas is to
protect people who have suffered crimes against them and therefore feel uneasy about their
immigration status. These classifications are little known and you may have to report their
existence to any person who helps you.

3. What services are offered to victims of trafficking in persons?

• If you are a victim of human trafficking while in the United States, you may be entitled to
benefits, services and immigration relief under certain federal or state programs.

• There are many institutions that help obtain these services, for example, medical assistance,
accommodation, psychiatric medical, dental assistance, legal advice for immigration or other
purposes, seeking employment and obtaining public benefits.

ADVICE

Before traveling to the United States, talk with migrant workers' associations or with
some workers who have returned to your country, to get the names and phone
numbers of people or entities that can help you with the difficulties or questions
that may arise while is found residing in the American Union.