When I asked him about [why Nonlinear did not legally employ Chloe], Ben told me that the problem was related to difficulties sorting out visas: in particular, Chloe would be paid once she got an H-1B visa, which she was expected to do all the application for, both employer-side and employee-side. I believe this to be extremely abnormal. The H-1B process is immensely complicated, and it’s never certain that even the most qualified person will be able to get an H-1B. Even setting aside whether it’s legal to do so, you shouldn’t hire someone assuming that they’ll be able to get an H-1B soon and straighten out the legalities—it’s all too likely they won’t be able to. It’s very strange to hire a person to do both the employer and the employee side of the petition for a visa that she can’t be hired without. However, Ben spoke to me shortly before publishing and I didn’t have time to check with Nonlinear, so take this with a grain of salt. It does provide an alternate explanation for why Chloe at least was employed under the table.
If true, this is very concerning and demonstrates astounding naivety about immigration law. Hiring an unauthorized worker in the United States can be a criminal violation, and visas such as H-1B do not grant retrospective authorization for work done before the visa was approved.
Also, an H-1B visa would not have permitted Chloe to perform household chores, such as cleaning and doing the groceries. There are very stringent rules about what an H-1B worker is allowed to do. H-1B is a visa for specialty occupations that typically require a bachelor’s degree or equivalent experience and does not allow workers to perform duties outside of their specialty occupation.
Also, H-1B workers typically need to receive high wages. According to the Department of Labor, they cannot be paid less than the “local prevailing wage for the occupation in the area of intended employment.” I think Chloe’s work arrangement would likely fail to meet this rule too.
If true, this is very concerning and demonstrates astounding naivety about immigration law. Hiring an unauthorized worker in the United States can be a criminal violation, and visas such as H-1B do not grant retrospective authorization for work done before the visa was approved.
Also, an H-1B visa would not have permitted Chloe to perform household chores, such as cleaning and doing the groceries. There are very stringent rules about what an H-1B worker is allowed to do. H-1B is a visa for specialty occupations that typically require a bachelor’s degree or equivalent experience and does not allow workers to perform duties outside of their specialty occupation.
Also, H-1B workers typically need to receive high wages. According to the Department of Labor, they cannot be paid less than the “local prevailing wage for the occupation in the area of intended employment.” I think Chloe’s work arrangement would likely fail to meet this rule too.