How does the Department define prohibited payments for “activity related to obtaining permanent labor certification?
Pursuant to ยง656.12(b), an employer may not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, except from a party with a legitimate, pre-existing business relationship with the employer, and when the work to be performed by the foreign worker will benefit that party. “Payment” includes, but is not limited to, monetary payments; deductions from wages or benefits; kickbacks, bribes, or tributes; goods, services, or other “in kind” payments; and free labor. This includes the prohibition against the foreign worker paying the employer’s attorneys’ fees in connection with the labor certification application.
Related Questions
- Must employers receive labor certification from the Department of Labor for all temporary nonimmigrant and permanent immigrant workers?
- How does the Department define prohibited payments for "activity related to obtaining permanent labor certification?
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