If you are an H-1B worker who has been underpaid or otherwise mistreated by an H-1B employer, you may be able bring your claims not only on your own behalf, but also on behalf of a class of similarly situated individuals. The attorney-authors of this blog, along with our attorney colleagues at the excellent class-action law firm Kotchen & Low, have litigated proposed class-action cases (as well as single-worker actions), in a variety of legal forums. When H-1B workers’ situations do in fact support class-action treatment of their claims, their lawsuit can be very strong.
This article describes various factors that support class treatment of H-1B workers’ claims, the nature of such class claims and forums they can be brought in. If you are an H-1B worker who is curious whether your situation could support a class-action case, this article will give some general educational information and food for thought.
Please note that only a competent attorney can adequately evaluate whether a valid class action would exist for your situation or should be pursued. So if you want legal advice about whether your own situation can be pursued as a class action, please consult with a competent attorney (if you’d like, you can have a free initial consultation with us, or with another attorney of your choice).
This article will first discuss some factors that could potentially support an H-1B class action.
WI Employee Rights Lawyer: Severance, Wages, Job Termination, Discrimination 