What are the obligations of H-1B dependent employers?
The Immigration and Nationality Act (INA) sets forth certain prerequisites for employers wishing to employ H-1B nonimmigrant workers. To obtain H-1B status approval, the employer must first file a Labor Condition Application (LCA) with the Department of Labor. LCA requirements include the employer’s attestation to pay the H-1B worker the higher of the prevailing or actual wage, offer benefits on the same basis as U.S. workers, not employ an H-1B worker where a strike or lockout is occurring, etc. H-1B dependent employers face additional obligations addressing non-displacement and recruitment of U.S. workers. The INA allows employment of alien workers in certain specialty occupations, generally those requiring a bachelor’s degree or its equivalent. Alien workers such as engineers, teachers, computer programmers, medical doctors, and physical therapists may be employed under the H-1B visa classification, as may fashion models of distinguished merit and ability. H-1B visas are capped at 6
