What is the New “Displacement” or “No lay-off” Attestation Rule?
There are two new ‘displacement’ attestations that apply to H-1B dependent employers: The first requires the employer to attest that he did not displace and will not displace a U.S. worker employed by the employer within the period beginning 90 days before and ending 90 days after the filing of the H-1B petition based on the Labor Condition Application. The second requires the employer to attest that he will not place the H-1B worker with another employer where: • The H-1B worker performs duties in whole or in part at one or more worksites owned, operated and controlled by the other employer. • There are employment relationships with the other employer, unless the petitioning employer has inquired of the other employer and has no knowledge that the other employer has displaced or intends to displace another U.S. worker. Contact us for more information on H-1B Visas, and guidance through what can be a complex process.
