Whistleblower Protections for H-1B and U.S. Workers

If you work in a company that employs H-1B workers, whether you’re on an H-1B visa yourself or a U.S. worker, you have important legal protections if you speak up about workplace violations. These protections are known as whistleblower protections.

Under the H-1B visa program, employers must comply with strict federal rules around wages, job duties, and working conditions. If your employer doesn’t meet those obligations and you report them, you’re protected by law. That means your employer cannot legally retaliate against you by firing, demoting, threatening, or harassing you for speaking out.

What Exactly Is a Whistleblower?

In the context of the H-1B program, a whistleblower is anyone—H-1B visa holder or U.S. worker—who reports suspected violations of the law. This might include speaking up about:

• Being paid less than required
• Unsafe or unfair working conditions
• Job duties that don’t match what was promised in the LCA
• Employers who are misusing the visa program

You’re also protected if you help with a government investigation or simply inform others about a company’s noncompliance. You don’t have to file a formal complaint to be considered a whistleblower; just speaking up in good faith is often enough to qualify.

What Counts as Retaliation?

Retaliation comes in many forms. Some are obvious, like getting fired or demoted. Others are more subtle, but still illegal. If you’ve exercised your rights under the H-1B program, your employer cannot:

• Fire or lay you off
• Demote or transfer you unfairly
• Cut your hours or pay
• Deny promotions or career opportunities
• Harass, intimidate, or threaten you
• Blacklist you in your industry
• Assign you worse shifts or isolate you from coworkers

Even small changes in your job that make it harder to succeed can count as retaliation if they’re linked to your decision to speak up.

Consequences of Retaliating Against Whistleblowers

Employers who retaliate against whistleblowers under the H-1B program face serious legal consequences. The Department of Labor’s Wage and Hour Division has the authority to investigate and enforce penalties, which can include:

• Civil penalties of up to $5,000 per violation
• Debarment from the H-1B program for up to two years, meaning the employer cannot hire or sponsor H-1B workers during that period

These penalties are in place to discourage retaliation and protect the rights of workers who come forward.  

What Remedies Are Available for Whistleblowers?

If you’ve been retaliated against for speaking up, the law is designed to help restore what you’ve lost. Potential remedies may include:

• Reinstatement to your former job or a similar position
• Back pay for lost wages due to retaliation
• Restoration of benefits, such as healthcare or seniority
• Compensation for missed opportunities, promotions, or other damages
• Reinstatement of U.S. workers who were unfairly terminated

The goal is to return you to the same position, financially and professionally, as if the retaliation had never happened.

Thinking About Reporting? You’re Still Protected

You don’t need to file a formal complaint to be covered under whistleblower laws. You may already be protected if you’re simply asking questions about pay, job duties, or LCAs, or gathering information to decide if something’s wrong. If your employer starts treating you differently because of that, it could qualify as retaliation.

Can You File a Complaint Anonymously?

Yes. While providing your name can help investigators gather facts, it’s unnecessary. You can file a complaint anonymously with the U.S. Department of Labor’s Wage and Hour Division. And if your identity is later revealed, your rights are still protected. Retaliation is illegal, anonymous or not.

How to File a Complaint

Filing a complaint is free and can be done online, over the phone, or in person at a local DOL office. You don’t need an attorney to start the process, but having one can make a big difference, especially if you’ve lost wages, your job, or are facing serious pressure from your employer  

Disclaimer: This information is based on fact sheets that DOL provides.

Get the Legal Help You Need

At Morgan & Morgan, we believe in protecting workers, especially those who have the courage to speak out when something’s wrong. If you've faced retaliation after reporting workplace violations under the H-1B program, please fill out our free case evaluation form today. We might be able to step in and hold your employer accountable for their actions.