Are there any specific rules an employer must follow when employing an H-1B worker?

Yes. There are many compliance rules involving H-1B employment, and the employer must make certain attestations on a labor condition application (LCA), a document that binds the employer to certain conditions of H-1B employment. For example, the employer must agree to:

• Pay at least the prevailing wage for the occupation in the area of employment;
• Pay at least the actual wage paid by the employer to all other workers with similar experience and qualifications for the specific employment at the place of employment;
• Promise that the working conditions for the H-1B worker will not adversely affect other similarly employed workers;
• Attest that there is no strike or lockout in the occupational classification at the place of employment when filing the H-1B petition; and
• Provide notice of the filing of the LCA to the bargaining representative of the applicable union, if there is one. If there is no union, the employer must post notice of the filing of the LCA in 2 or more conspicuous locations for at least 10 days at the work place.

Employers and employees must take care to see that the terms of an H-1B petition are strictly observed. Prior to making any change regarding the conditions of H-1B employment, including a change of position, duties, location of work, or reduction in hours or pay, employers should consult with counsel.

Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Garg & Associates at 949-540-6704 or call our toll-free number at 949-540-6704. You can also submit an inquiry through our Long Beach Immigration Online Inquiry.