No, workers on H-1B visas are not barred from joining unions

Although unionizing is a right protected by law, there are situations where employers may still choose to retaliate against workers who exercise this right. This has the potential to make H-1B visa holders more cautious, as their legal status in the United States is directly tied to their employer.

During his presidential campaign, Donald Trump was known for his anti-immigrant stance, which included controversial proposals like mass deportations of undocumented individuals. After his election, some of his supporters directed hostility towards foreign workers and immigrants who were legally residing in the country.

By the end of December 2024, several prominent figures in the tech industry who were known allies of Trump, such as Elon Musk and Vivek Ramaswamy, voiced their backing for H-1B visas. These visas are temporary permits that allow foreign individuals with specialized skills, particularly in fields like technology and medicine, to work in the United States.

Some opponents of the H-1B program claimed that tech billionaires support H-1B because it allows them to provide lower salaries and fewer workplace rights than they could for American workers. One viral post claimed that workers on H-1B visas have no collective bargaining rights, meaning they can’t join or form unions.

THE QUESTION

Are workers on H-1B visas barred from joining unions?

THE SOURCES

THE ANSWER

This is false.

No, workers on H-1B visas are not barred from joining unions.

WHAT WE FOUND

The H-1B visa program allows American businesses to hire highly skilled foreign workers for “specialty occupations” that require at least a bachelor’s degree, such as jobs in mathematics, engineering, technology and medicine, the American Immigration Council says.

An H-1B visa is valid for three years and may be extended for an additional three years. Congress sets a cap on the total number of new H-1B visas issued each year.

H-1B visas are sponsored by the employer that wants to hire the worker. The worker will lose their visa and permission to remain in the United States if they stop working for the business that sponsored them, unless another employer takes over sponsorship of the visa and hires the worker. H-1B visas do not grant a worker blanket permission to work in the United States.

Most workers in the United States have the legal right to unionize. For many, that right is guaranteed by the National Labor Relations Act and protected by the National Labor Relations Board (NLRB).

The NLRB says it protects workers’ rights regardless of citizenship. That means noncitizens on work visas, such as H-1B visas, have the same right to unionize as U.S. citizens do.

U.S. law prohibits employers from retaliating against workers, including immigrant workers, for trying to form or join unions, according to the Worker Organizing Resource and Knowledge Center. However, the NLRB exists to protect these rights because some employers retaliate against unionizing workers anyway.

A unionizing U.S. citizen might lose their job or face some other retaliation from their employer, but would not face any legal hurdles in applying for jobs at other companies. But workers on H-1B visas do not have the same flexibility because their legal status in the U.S. is tied to their continued work for their sponsoring employer.

Temporary workers, such as those with H-1B visas, can be hesitant to report workplace violations “because they fear removal or other immigration-related retaliation due to reports by an abusive employer,” the U.S. Department of Homeland Security (DHS) says. 

“It is often the case that H-1B employees are afraid to confront their employers when they feel their wages are being withheld or when they feel they are being treated unfairly. Many are worried about losing their job and their legal status in the U.S.,” Zhang & Associates, P.C., an immigration law firm, says. “In many instances, these H-1B workers might prefer to find a new job and have their new employer transfer their H-1B status under the portability rule, rather than complain to DOL.”

If a worker on an H-1B visa loses their job, they have a 60-day “grace period” where they can remain in the U.S. and potentially change their immigration status or find a new employer to sponsor their visa, U.S. Citizenship and Immigration Services (USCIS) says. 

If the temporary worker’s employer is being investigated by a labor agency, they may be able to receive temporary protection from removal and a temporary work permit, the U.S. State Department says.

So workers on H-1B visas have collective bargaining rights, similar to American citizens in the workforce, and do have some protections from retaliation if they report their employer has violated those rights. But many such workers are afraid to rely on such protections, and might therefore be more easily dissuaded from joining unions.

The VERIFY team works to separate fact from fiction so that you can understand what is true and false. Please consider subscribing to our daily newsletter, text alerts and our YouTube channel. You can also follow us on Snapchat, Instagram, Facebook and TikTok. Learn More »

Follow Us

Want something VERIFIED?

Text: 202-410-8808

You May Also Like

Unprecedented High-Risk Designation for Wild Weather Forecast on Wednesday

The potent storm system will bring “significant, life-threatening flash flooding” starting Wednesday…

Israeli defense minister announces military operation in Gaza Strip is escalating to capture ‘significant territories’

JERUSALEM – Israel’s military operation in the Gaza Strip is expanding to…

American visas of Mexican band members canceled because cartel leader’s image shown at concert

MEXICO CITY – Following a performance in Jalisco over the weekend where…

Val Kilmer, the actor, passes away at the age of 65

The versatile Hollywood actor known for portraying Batman and rocker Jim Morrison…

Assessing the impact of Trump’s tariffs on key Asian countries

BANGKOK – The trade war that U.S. President Donald Trump has escalated…

Coach from Team Summit Colorado, a youth skiing and snowboarding program, facing allegations of sexually assaulting a 9-year-old.

An instructor from Team Summit Colorado, a program for young skiers and…

Man from Nebraska gets 15 year to life jail term for sexually assaulting a minor in Weld County

A Nebraska man has been given a prison sentence of 15 years…

Europe is cautious as Rubio’s visit could impact NATO’s future

WASHINGTON – U.S. Secretary of State Marco Rubio is scheduled to attend…

The biggest coal-based power plant in Pennsylvania, which has now closed, will be transformed into a data center campus powered by natural gas.

In Harrisburg, Pennsylvania, the previous owners of the state’s largest coal-fired power…

Rescue of man trapped in debris in Myanmar’s capital complicated by civil war

BANGKOK – In Myanmar, a 26-year-old man was rescued from the ruins…

Archaeologists in Vienna uncover ancient mass grave of warriors from Roman Empire battle

In Vienna, during the renovation of a soccer field last October, construction…

Liberal-backed candidate secures victory on Wisconsin Supreme Court, solidifying Democratic majority.

The race drew national attention as Elon Musk traveled to Wisconsin on…