Who is an H-1B employer?
This fact sheet provides general information concerning the H-1B employer under the H-1B program. Special attestations applicable to H-1B-dependent and willful violator employers sunset on October 1, 2003, but were restored effective March 8, 2005 by the H-1B Visa Reform Act of 2004. An H-1B employer is any entity (person, firm, corporation, contractor, or other association or organization) which files (1) a Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) with the Department of Labors Employment and Training Administration and (2) a Petition for a Nonimmigrant Worker (Forms I-129/I-129W) on behalf of an H-1B nonimmigrant with the Department of Homeland Securitys U.S. Citizenship and Immigration Services (USCIS) (formerly the Immigration and Naturalization Service). This definition applies in all situations, whether or not the H-1B employer is H-1B-dependent (see WH Fact Sheet #62C). Is there another definition of employer? Yes. The Immigration and Nationality Act has
