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J-1 Student Visa Abuse, Forced Labor of Foreign Students in South Carolina

February 21st, 2012 by Leeds Morelli & Brown

In South Carolina, an Associated Press (AP) investigation has found that many foreign students are being forced to work in abject conditions, as well as in strip clubs, instead of restaurants or national amusement parks. Particularly notable is that some students are making as little as $1 an hour or even forced to eat off the floor. The AP interviewed students, advocates, local authorities and social service agencies, and reviewed confidential records, police reports and court cases to conduct the investigation. This J-1 student visa abuse has been done by third-party brokers who are paid recruiters, paid by foreign students, who are unsupervised and in charge of job placement for foreign college students who come to work for the summer in the U.S. Full Story

The J-1 Summer Work and Travel program gives foreign colleges students the chance to visit the US and work in the country for up to four months, and participation in the program has increased from about 20,000 in 1996 to greater than 150,000 in 2008. However, it has been reported that the State Department has failed to govern the program or take responsibility for student complaints. As a result, third party businesses that are paid as job recruiters for these students are left unsupervised and monitor the students themselves. Additionally, businesses that hire students save money by using foreign students as employees because they are relieved from having to pay Medicare, Social Security and unemployment taxes. The students are required to have health insurance before they arrive. See full article for student stories.

The US Department of State is a government agency which has listed various tips for foreign students to use to protect themselves against labor violations and unfair treatment. These tips include for the foreign student to keep his/her passport in a safe and accessible location, to keep copies of his/her passport, visa, and employment contract papers with reliable people, to always have the phone number of his/her home country’s embassy, and to keep a record of all the days and hours that are worked, as well as the total amounts and dates of each payment received. Learn More.

The lawyers at Leeds Morelli & Brown strive to help those who do not know their rights, seeking to achieve the best recoveries for employees who are treated unfairly or are unpaid for their labor. If you or someone you know has been faced with a labor dispute, is a foreign student who unsure of their rights and believe their job is not treating them according to the law, or just looking to speak with an employment attorney, please contact the office Leeds Morelli & Brown, PC, 1-888-5-JOBLAW, One Old Country Road, Suite 347, Carle Place, NY, 11514-1851.

Posted in Civil Rights, Employment Law |

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