Whistleblower Protection

An H-1B employer is prohibited from retaliating against any current or former U.S. worker, H-1B worker, or job applicant because the employee/applicant has disclosed any information to the employer or any other person or entity about its alleged failure to comply with any of the H-1B provisions or because the employee has sought or cooperated in an enforcement activity.

Retaliation includes intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against a worker who has exercised worker rights under the H-1B program.

Employers that violate these provisions are subject to penalties up to $5,000 per violation and a two-year debarment from all immigration programs as well as further administrative remedies. 20 C.F.R. Part 655.801.

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H-1B Advisor Glossary of Terms | Wage and Hour Division