Navigating wage requirements for part-time H-1B employees can be complex. This guide simplifies U.S. employers’ legal obligations when hiring foreign professionals part-time.
Hourly Wage Determination
Upon H-1B visa approval, the Labor Condition Application (LCA) sets the foundation for employment terms. For part-timers, the LCA clearly defines the hourly wage, aligning with the agreed-upon part-time schedule.
Handling Varied Work Hours
Occasionally, the Form I-129 (Petition for a Nonimmigrant Worker) indicates a flexible range of working hours. Employers must then compensate for at least the average worked hours within this range, never dropping below the minimum hours outlined.
Fair Labor Standards Act (FLSA) Compliance
Part-time H-1B workers must be compensated in accordance with the FLSA, covering minimum wage and overtime, to ensure all work hours are fairly paid.
Conclusion
Employers’ understanding of wage obligations for part-time H-1B workers is vital for legal and fair employment practices. This guide aims to clarify these responsibilities and promote compliance with immigration and labor laws.
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