The H-1B visa program permits U.S. employers to hire foreign professionals for specialty occupations. Still, it also imposes specific obligations on those employers, particularly regarding the notification of U.S. and H-1B workers. Fact Sheet #62M outlines these requirements to maintain transparency and protect workers’ rights. Understanding these requirements is crucial for employers to ensure compliance and foster a fair working environment.
U.S. Worker Notification
Under the H-1B program, employers must inform U.S. workers about their intention to hire H-1B nonimmigrants. This notification must be made on or within 30 days before the Labor Condition Application (LCA) is filed with the Department of Labor. The notice should include the number of H-1B nonimmigrants being hired, their occupational classifications, wages, employment period, locations, and a statement regarding the right to file complaints with the Wage and Hour Division of the U.S. Department of Labor. Employers can fulfill this requirement through:
- Union Notice: If a collective bargaining representative exists, the notice must be provided directly to them.
- Hardcopy Worksite Notice: Posting the LCA or its details at two conspicuous locations at the place of employment for 10 days.
- Electronic Notice: Distribute the notice electronically, such as via email or electronic bulletin boards, to all workers in the relevant occupational classification for ten days.
H-1B Worker Notification
Upon hiring an H-1B worker, employers must also ensure they receive a copy of the LCA no later than the date they report to their permanent place of work. This step is vital to ensuring that H-1B workers are fully informed of the conditions of their employment and their rights under U.S. labor laws.
Conclusion
Adherence to notification requirements is a fundamental aspect of compliance for employers navigating the complexities of the H-1B visa program. This protects workers’ rights and helps maintain the program’s integrity.
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