KNOW
YOUR RIGHTS
An information pamphlet describing your rights
while working in the United States.
National Human Trafficking Hotline
1-888-373-7888 (within the United States)
YOUR RIGHTS REGARDLESS
OF VISA STATUS
If you believe that your rights have been violated, report it to a
government agency, union, non-governmental organization, or other
organization that can assist you. If you do not speak English, ask for
an interpreter.
KNOW YOUR RIGHTS
We are confident that you will have a rewarding stay in the United States. 1. Your Right to Be Paid Fairly
However, if bad situations happen, you have rights and you can get help! • You have the right to be paid for all work you do.
You Have the Right to: • You have the right to earn at least the federal legal minimum wage
• Be paid fairly for most jobs. See [Link]/whd/[Link] for the
current federal minimum.
• Be free from discrimination
• You may be entitled to earn more than the federal minimum wage if:
• Be free from sexual harassment and sexual exploitation
• You work in a state, city, or county that has a higher minimum
• Have a healthy and safe workplace wage.
• Request help from union, immigrant, and labor rights groups • Your employment contract/visa program requires a higher
• Leave an abusive employment situation amount.
• You may be entitled to overtime pay of one and a half times the
IF YOU ARE MISTREATED, CONTACT THE amount of your hourly wage for any hours worked over 40 hours per
NATIONAL HUMAN TRAFFICKING HOTLINE AT week. For example, if your regular wage rate is $10 per hour, your
1-888-373-7888 (WITHIN THE U.S.), TEXT “HELP” TO 233733 employer may be required to pay you $15 for each hour you work
(WITHIN THE U.S.) OR EMAIL NHTRC@[Link]. above 40 hours in a single week.
• If your employer takes money from your paycheck, this is called
TRAINED SPECIALISTS ARE ALWAYS AVAILABLE TO HELP IN MORE a deduction. Your employer must clearly identify for you each
THAN 200 LANGUAGES. YOU DO NOT HAVE TO GIVE YOUR NAME deduction taken from your paycheck.
OR IDENTIFY YOURSELF. LEARN MORE AT • Deductions may be illegal if you are left with less than the legally
[Link]. required wage rate after the deduction. An employer usually may not
deduct for the cost of uniforms, safety equipment, required tools,
If you are in immediate danger, call the police at 911 (within the U.S.). supplies, equipment or recruitment fees. For some visa categories,
Tell them the emergency, your location and the phone number from housing must be provided free of charge.
which you are calling. Ask for an interpreter if you do not speak English.
When the police arrive, you can show them this pamphlet and tell them • Lawful deductions include those you choose, such as health
about the abuse you have suffered. insurance, union dues, or wage advances, as well as deductions
an employer must make due to court-ordered withholdings for
If you receive an A-3, G-5, H, J, NATO-7, or B-1 domestic worker child support or alimony, or bankruptcy proceedings. With few
nonimmigrant visa, you should receive this pamphlet during your visa exceptions, nonimmigrant visa holders working in the United States
interview. A consular officer must verify that you have received, read,
and understood the contents of this pamphlet before you receive a visa.
If you have not, the consular officer should provide the pamphlet and
discuss it with you. In addition, the consular officer should answer any TIP: Bring this pamphlet with you to the United States for future reference..
questions you have about the information in the pamphlet.
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TIP: Before leaving for the United States, get advice from migrant
worker organizations or former migrant workers. They can give you
names and numbers of persons or organizations you can contact if you
have problems or questions when you are in the United States.
TIP: Depending on your length of stay, you may be required to have
health insurance while in the United States. You may also qualify for
financial help to lower the cost of health insurance.
are subject to federal and state income and employment taxes. You injuries or illnesses, your employer should provide free medical
and your employer may agree to have income tax withheld directly treatment and part of the wages lost while injured. You may have to file
from your paycheck. Your employer will generally withhold employment for workers’ compensation in the state where you work.
taxes, including Social Security and Medicare taxes, directly from your • Protective equipment: If you work with or around pesticides or
paycheck. dangerous chemicals, your employer must pay for and provide
protective equipment required for the job (such as a respirator or
2. Your Right to Be Free from Discrimination
gloves).
• It is unlawful for your employer to treat you differently or badly at
• Training: You have the right to receive information and training about
work because of your age (if you are 40 or older), gender or sex,
hazards, methods to prevent harm, and the safety and health standards
race, national origin and ethnicity, color, religion, genetic information
that apply to your workplace. The training must be in a language and
(including family medical history), or disability.
vocabulary you can understand.
• Your employer may not treat you differently because you are a woman
• Housing: If your employer provides housing, it should be clean and
or because you are pregnant, nursing, or may become pregnant.
safe. You must be allowed to leave your housing during non-working
hours.
3. Your Rights to Be Free from Sexual Harassment and Sexual Exploitation
• Bathrooms: Bathrooms should be clean and accessible. Your employer
• It is unlawful for your employer to sexually harass you. Your employer
should grant you access to bathroom facilities as needed.
should not make any offensive sexual or gender-based comments.
• Potable Water: You have the right to receive clean drinking water.
• It is unlawful for your employer to sexually exploit you, including:
• Soap and Clean Water: You have the right to wash your hands as
• Demanding that you perform any sex act;
needed with soap and water especially after handling pesticides/
• Touching you in a sexual manner; chemicals, including vegetables or fruit treated with pesticides/
• Forcing, tricking or coercing you to perform any sex act. chemicals.
• Medical Emergencies: Your expenses may be paid for, so you should
4. Your Right to a Healthy and Safe Workplace tell your employer about your injury or illness as soon as possible so
the employer can file the necessary paperwork. When you are at the
As a worker in the United States, you have a right to safe, healthy work
doctor, clinic, or hospital, ask for copies of the paperwork regarding
conditions including:
your illness or injury.
• Medical Treatment: You have the right to report work-related injuries
and illnesses to your employer. If you are injured or get sick at work,
you may seek medical treatment. In most cases, for work related
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ADDITIONAL RIGHTS BASED ON
YOUR NONIMMIGRANT STATUS
A-3, G-5, NATO-7, and B-1 Domestic Employees
• Your employer must provide you with an employment contract that
If you are working with or around pesticides or dangerous chemicals:
complies with U.S. law.
• You have a right to know and understand the chemicals you are
working with, and your employer must provide you with paid training • The contract must state the hourly wage to be paid to the domestic
on workplace chemicals. employee. The hourly wage must be the greatest of the minimum wage
under U.S. Federal, state, or local law.
• Your employer must tell you where and when pesticides were sprayed
and when it is safe to re-enter a treated area to avoid accidental • Employers must provide you with a contract in a language that you
exposure. Do not be in an area where pesticides are being applied. understand. Make sure that you know the terms of the contract and do
not sign a document if you do not know what it says.
5. Your Right to Request Help from Union, Immigrant, and Labor Rights
Groups Additional Requirements for A-3, G-5, and NATO-7 Domestic Workers
• With few exceptions, you have the right to join together with your At a minimum, the contract must include the following provisions:
coworkers to ask your employer to improve your wages or working • An agreement by your employer to abide by all laws in the United
conditions. Most workers also have the right to form, join, and support States;
a union in your workplace.
• Information on the frequency and form of payment, work duties,
• When you are not working, you can attend public speeches, rallies and weekly work hours, holidays, sick days, and vacation days; and
demonstrations supporting higher wages or better working conditions
at your workplace. • An agreement by your employer not to keep your passport,
employment contract, or other personal property from you.
• You have this right regardless of your immigration status. Your
employer cannot take action against you for asserting your rights. H-2A Temporary Agricultural Worker Visas
6. Your Right to Leave an Abusive Employment Situation • You should never have to pay fees to a labor recruiter.
• The most important thing is for you to seek safety if you are being • You must receive a written work contract in a language you understand.
abused. You do not have to stay in your job if your employer is It must contain detailed information about the wages, work duration,
abusing you. hours, benefits (including transportation, housing and meals or cooking
facilities), and any deductions from your paycheck.
• Though your visa status will no longer be valid if you leave your
employer, you may be able to change your visa status or employer. You • You have the right to be paid fairly even if you are paid at a piece rate.
may need to leave the United States to do so. Even if your visa status is • Your employer must either provide or pay for inbound transportation
not valid, help is available once you leave your abusive employer. and daily subsistence from the place from which you have come to
• You may make a formal complaint or file a lawsuit against your work for the employer to the place of employment, or reimburse you
employer while you are working or after you leave your employer. for reasonable costs once you complete half of your work contract.
If your employer takes action (or retaliates) against you for doing so, Once you complete the work contract, your employer must provide or
they are violating the law. pay for your return transportation and daily subsistence from the place
of employment to the place from which you departed to work for the
employer. Your employer may be required to reimburse your inbound
TIP: Legal advice from your employer, contractor, or recruiter may be travel and visa costs in the first workweek if your wages minus your
biased. Seek advice from an independent attorney.
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expenses are less than the U.S. minimum wage. Your employer must
also provide transportation from your employer-provided housing to
the worksite at no charge.
• You are exempt from U.S. Social Security and Medicare taxes on
compensation paid for services performed in connection with your
H-2A visa.
• Generally, your employer must offer you employment for a total
number of hours equal to at least 3/4 of the workdays in the
contract period.
TIP: Your employer must pay you on time. It is a common practice in the
H-2B Temporary Non-Agricultural Worker Visas United States for employees to be paid once every two weeks.
• You should never have to pay fees to a labor recruiter.
• You must receive a written job order in a language you understand.
It must contain detailed information about the wages, work duration, Summer Work Travel
hours, benefits (including transportation, housing and meals or
cooking facilities), and any deductions from your paycheck. • If you do not have pre-placed employment, your sponsor must assist
you in locating employment once you arrive in the United States.
• Generally, your employer must offer you employment for a total
number of hours equal to at least 3/4 of the workdays in each 12- Intern or Trainee
week period.
• Your sponsor must interview you in person, by telephone, or by web
• You have the right to be paid fairly even if you are paid at a piece camera.
rate.
• Your sponsor must give you an intern or trainee placement plan
• Your employer must either provide or reimburse you for inbound (DS-7002) that includes a written statement of any income you will
transportation and subsistence from overseas by the time you receive and a summary of the training objectives of the program.
complete half of the contract period. Additionally, your employer You must be given at least 32 hours of work per week.
must pay costs for your transportation home, including subsistence,
if you complete the period of employment or are dismissed by your • Your sponsor must give you a written statement of the costs and
employer for any reason before the end of your authorized period fees you will have to pay and an estimate of living expenses in the
of employment. Your employer may also be required to reimburse United States.
your inbound travel and visa costs in the first workweek if your wages • Your sponsor must ensure that you have medical insurance coverage,
minus your expenses are less than the U.S. though your sponsor does not need to provide or pay for this
minimum wage. coverage.
J-1 Exchange Visitor Visas Au Pair:
• Your approved DS-2019 explains your program dates, category of • Your host-family must help you enroll in and attend classes at a post-
exchange, the name of your sponsor, and the hosting entity where secondary institution and pay up to $500 in costs for those classes.
your exchange program will take place.
• You are not required to work more than 10 hours per day or 45 hours
• Your sponsor must accurately explain all costs, conditions, and per week.
restrictions on your exchange program. • Your counselor should regularly maintain contact with you and your
host family.
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TIP: Before you travel, make two copies of all important documentation,
especially your passport and U.S. visa, your employment contract, and any
additional identity documents. Give one set of these copies to someone
you trust in your home country, and take the other set with you.
“R” means “regular”
Where your visa passport. “Class” is the
First Name Last Name was issued type of visa.
Your birth date
TIP: Once you arrive in the United States, keep your passport and other
travel documents in a safe place where you can access them at all times. It
“Expiration Date” is is illegal for your employer to take your passport.
the last day you can
use your visa to seek
entry into the U.S. It has
“M” means nothing to do with how
HUMAN TRAFFICKING
that you can long you may stay in
seek entry the U.S.
into the U.S.
multiple times.
If there is a “Annotation” may
include additional
Victims of human trafficking are entitled to protections and services, and
number here,
you may apply information about your
visa. For example, on a
may be eligible for some public benefits. Human trafficking is a crime
for entry that
many times. student visa, it will show involving the exploitation of children for commercial sex, of adults for
your SEVIS number and
name of your school. commercial sex through the use of force, fraud or coercion, and of any
individual for compelled labor. Perpetrators of such exploitation, which
can include labor traffickers, pimps and buyers of commercial sex, can be
prosecuted under federal and state anti-trafficking laws. Labor traffickers
YOUR NONIMMIGRANT VISA and sex traffickers may be prosecuted criminally and may face civil
liability as well. The following are some warning signs that may indicate
A nonimmigrant visa is a U.S. government document that permits human trafficking.
individuals who travel to the United States to request entry for a
particular purpose, including to work, study, or participate in a cultural Threats and Fear
exchange program. You must apply for a visa at a U.S. embassy or
consulate abroad. Once you obtain a nonimmigrant visa, you can travel Traffickers, and people who help them, may use threats and other
to the United States and present it to a U.S. immigration official for intimidating acts to make you or others feel too afraid to try to leave.
admission. If your visa expires, you need to obtain a new visa before you For example:
reenter the United States. • Beatings, physical abuse, or sexual abuse;
• Threats of beatings, physical abuse, or sexual abuse;
When you are admitted to the United States, an immigration official
will stamp your passport and mark it with the date of admission, class • Locking in or preventing a worker from leaving the workplace or
of admission and “admit until” date. You need to leave housing;
the United States before your I-94 “admit until” date to • Threats to harm you or your family if you try to leave, complain of
remain in legal status unless you file for an extension with mistreatment, report the situation to authorities, or seek help;
the U.S. Citizenship and Immigration Services. You can • Threats you could be deported or arrested for seeking help; or
check your I-94 records at [Link]
• Threats or harm toward other workers who have tried to leave,
complain, report the situation or seek help, or threats that anyone
who tries to escape will be found and brought back.
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TIP: Keep a detailed record of any inappropriate comment and/or action
Debt
your employer takes against you and write down the names and phone
Traffickers, and people who help them, may demand that you perform numbers of any witnesses.
labor, services or commercial sex acts (prostitution) to repay a debt. In
some instances the debt is created and imposed by the trafficker. It is
against the law to use a debt to compel you to continue providing labor,
services or commercial sex acts, or to prevent you from leaving. Traffickers • Promising a good job and then requiring you to work significantly longer
may manipulate your debt to make it harder to pay off and may cause you hours, under harsher conditions, or for less pay than promised; or
to believe that you must remain in the trafficker’s service until the debt is • Promising a good job and then making you perform another type of
paid. Examples of manipulating debts include: labor, services, or commercial sex acts; this could include promising
• Imposing a debt that is difficult or impossible to pay off in a a job as a nursing professor, then compelling you to work as staff in a
reasonable time and that is out of proportion to what you will earn; nursing home, or promising work as a nanny and then compelling you to
engage in exotic dancing or commercial sex acts (prostitution).
• Imposing a debt that you did not agree to in advance or is greater
than the debt agreed to; • Telling you that you have no rights;
• Refusing to apply your earnings toward the payment of the debt; • Telling you that you will not be believed or will be deported if you try to
seek help; or
• Refusing to define how long you would have to stay in the trafficker’s
service to repay the debt; • Instructing you to lie about the identity of a trafficker.
• Adding fees for transportation, housing, food, and charges to the
debt that you did not agree to in advance; and Will You Be Deported if You Report the Abuse?
• Adding charges, fines or penalties for breaking rules, for not earning There are programs to protect people who report abuse. You should not
enough, or for not performing enough labor, services or commercial be afraid to seek help even if you have immigration concerns. You should
sex acts. consult with an immigration attorney who does not work for your employer.
Rules and Controls If you believe you are a victim of human trafficking or of another serious
crime, including rape or sexual assault, you may be eligible for a different
Traffickers, and people who help them, may use rules and controls to
nonimmigrant status, such as “T” (for trafficking victims) or “U” (for victims
make it harder for you and others to leave, complain, or seek help.
of trafficking or other serious crimes) nonimmigrant status or otherwise be
For example:
permitted to remain temporarily in the United States. These nonimmigrant
• Rules against leaving the workplace, or strict rules about where you classifications were created to protect victims. Many people in the United
can go when not working; States are unfamiliar with T or U nonimmigrant status and you may need to
• Rules against keeping your own passport, visa, birth certificate, or tell the people assisting you about them.
other identification documents;
• Denial of access to adequate food, sleep, or medical care; or What Services are Available for Victims of Human Trafficking?
• Preventing, restricting or monitoring communications with your family, Trafficking victims in the United States may be eligible for benefits, services
other workers, customers, or other persons outside the workplace, and immigration relief under federal or state programs. Many organizations
such as legal or social service outreach workers. can help you access these services, which include medical/dental care,
mental health care, housing, legal help for immigration, and other legal
Deception and Lies needs, employment assistance, and public benefits.
Traffickers, and people who help them, may use deception and lies.
For example:
• False promises about the type of work, working hours, working or
living conditions, or pay;
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VISIT THESE WEBSITES FOR
MORE INFORMATION ABOUT:
• The visa application process and your U.S. visa: [Link].
• Human trafficking: [Link]/j/tip.
• The J-1 visa exchange program: [Link].
• Equality, and your rights to be free from discrimination at work because
of your race, color, religion, sex (including pregnancy), national
origin, age (40 or older), disability or genetic information, and to file a
discrimination charge: [Link].
• Your workplace safety rights, or if you think your job is unsafe and you
want to request an inspection: [Link].
• How to get unpaid wages from your employer: [Link]/wow.
• Your rights to be paid fairly, including how to file a wage complaint:
[Link]/WHD/immigration.
• Your right not to face discrimination because of your citizenship status
and to file a discrimination complaint: [Link]/crt/filing-charge.
• Your right to join with other workers to improve your pay or working
conditions, including how to file a charge: [Link].
• Your rights, obligations and exemptions to health insurance:
[Link] (English) and [Link]
(Spanish).
TIP: It’s a good idea to keep a written record of all the time that you work.
Get a notebook and write down all of the days and hours that you worked,
how much you were paid, the dates you received a payment, any deductions
taken from your paycheck, and the reasons for those deductions.
SAMPLE WEEKLY WORK LOG
Employee: Supervisor:
Date Activities Hours Payment
In:___________________
Out: _________________
Total: ________________
In:___________________
Out: _________________
Total: ________________
This pamphlet was created pursuant to section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457.
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