What are the advantages to an employer in hiring an exempt H-1B?
H-1B-dependent and willful violator employers which employ only exempt H-1B workers on a Labor Condition Application (LCA) are relieved from the additional obligations with which they would otherwise be required to comply: non-displacement, recruitment, and hiring (see WH Fact Sheets #62C, #62M, #62O, and #62P). Is an exempt H-1B worker entitled to the protections of the H-1B program? Yes. Every H-1B nonimmigrant (whether or not an exempt worker) is covered by all the provisions of the statute and regulations, including wages, benefits, and whistleblower protections. How is the $60,000 annual wage to be determined? The H-1B nonimmigrant, whether full-time or part-time, must actually receive hourly wages or an annual salary totaling at least $60,000 in the calendar year. The salary must be paid cash in hand and free and clear. It must also be paid when due. Cash bonuses and similar compensation may be counted or credited toward the $60,000 only if payment is assured. • Employer contribu
