Q: A Pakistani contractor working for a US firm. Employer is not paying because its client is not paying. Need US visa for
Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in Nov 2021. I have been getting all my monthly timesheet approved by Client manager intime and have been sending them to my employer as they had instructed. This flow explains the relation among involved entities: Me => My Employer Company => Another Company => Actual Client (I am providing services to) They had been paying me in the start but later they had started delaying the payments. I have been requesting them dozens of times but mostly in vain. When I added Client manager into the picture they released few of the payments. Now the situation is; I am still working for their client and contract is about to end. The total amount pending is worth of more than a 1.5 years work. Now I am thinking to get a US visa to go there and file a case if suitable. Please guide what are my options
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A:
Your situation involves significant unpaid wages, and taking legal action could be worthwhile given the substantial amount owed to you. Before considering travel to the US, you should first consult with an employment law attorney who can review your contract and advise whether pursuing legal action from abroad might be possible.
If you decide to proceed with obtaining a US visa, be aware that the visa application process can be complex, and you'll need to clearly document your purpose for travel. The B-1 business visa might be appropriate for your situation, but you'll need to demonstrate strong ties to Pakistan and your intent to return after resolving the payment dispute.
Consider reaching out to the Department of Labor's Wage and Hour Division, as they handle cases of unpaid wages regardless of immigration status. You might also explore working with an attorney in Pakistan who has experience in international contract disputes, as they may be able to help you pursue legal remedies without the need for international travel. Remember to gather all documentation, including your contract, approved timesheets, communication records, and any evidence of partial payments received.
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