By: Ujwala Bagal

Businesses employing H-1B visa holders must legally meet certain notification requirements under the H-1B program.

UNITED STATES WORKER NOTIFICATION 

Employers must provide United States workers notice on the day or within 30 days before they file the Labor Condition Application (LCA) with the Department of Labor (DOL). To be valid, the notice must include the following:

• How many H-1B nonimmigrants the employer is looking to hire.
• The applicable occupational classifications for the H-1B nonimmigrants.
• The employment period.
• The wages that are being offered.
• The location of employment.
• This statement from the Department of Labor:
  • “Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.”

The notification must be posted in the following ways:

• Union notice: If there is a collective bargaining representative for the occupation, the employer must provide them with a notice in the form of a copy of the LCA or another document with all the required information.
• Hardcopy worksite notice or electronic notice: To comply with a hardcopy worksite notice, the employer must post the notice of filing of the LCA at two locations at the place of employment. The notice should be in a common place and easily accessible. For an electronic notice, employers must provide an electronic copy of the notice to all employees. Both methods of notification require the notice to be accessible for a minimum of 10 days.

Electronic notices need to be accessible to all employees in the same occupational classification. This may be through email, on an electronic bulletin board, or another similar method.

Similarly, a copy of the LCA must be provided to all H-1B workers on or before their start date.

Employers are required to follow all notification requirements to legally employ an H-1B nonimmigrant.

CONCLUSIONS

For case-specific questions, help with postings, submitting an LCA or H-1B visa application, or ensuring compliance with H-1B regulations, contact your Chugh, LLP immigration professional.