H-1B Workers Asked “Did You Give Any Part of Your Salary to the Company?” – Experts Explain How to Respond

US H-1B Visa Workers Face Increased Scrutiny at Entry PointsForeign workers on H-1B visas in the United States are encountering a range of challenges, particularly when entering the country. Many face detailed questioning at airports or land borders, and giving an incorrect answer could put their stay in the US at risk.

The responsibility for questioning H-1B visa holders lies with U.S. Customs and Border Protection (CBP). One question that has become increasingly common is: “Have you given any portion of your salary to the company?” While it may sound simple, the answer to this question can have significant consequences for foreign workers.

Why This Question Matters

According to Murthy Law Firm, CBP officers may take strict action if they believe that an H-1B worker has given part of their salary to the employer. In such cases, the worker could be denied entry and even face a five-year ban on re-entry. Many H-1B holders do not fully understand the question, leading to incorrect answers and potential immigration complications.

How H-1B Workers Should Respond

Experts advise that H-1B employees must:

• Understand their employment documents thoroughly.
• Know their salary details and any deductions.
• Ensure compliance with H-1B visa regulations.
• Prepare clear answers for possible CBP or immigration questions.

When a worker is aware that they are receiving the correct salary and all deductions are legitimate, they can confidently respond to such inquiries.

Understanding the Payment Structure

In typical arrangements, a company contracts with a staffing firm. Employees provide services to the client, and the staffing firm invoices the client while paying the employee through a standard payroll system. The fees charged to the client usually cover the employee’s salary, administrative costs, and the firm’s profit.

Some firms operate under a revenue-sharing model, where an employee receives a fixed percentage of the revenue they generate (e.g., 75%). This is not the same as giving money directly to the employer.

H-1B workers should be cautious if a company asks for cash from their salary for visa filing or other expenses. Such practices are illegal and can lead to serious immigration issues.

Conclusion

H-1B workers must remain informed about their salary, deductions, and visa regulations. Proper documentation and understanding of payment structures can help them confidently respond to CBP questions and avoid unnecessary risks at US entry points.