H-1B Visa Notices
H-1B visa process for temporary specialty workers.
The first step in the process is filing a Labor Condition Application for Nonimmigrant Workers (LCA) and obtaining certification from the Department of Labor. The LCA requires the employer to confirm that as of the date of the LCA being filed, notice of the LCA has been or will be provided to workers employed in the named occupation. The LCA, including position, salary and location, must be posted in two conspicuous locations at the employee’s work site. Such notice must be posted on or within 30 days prior to the LCA being filed and must remain posted for at least 10 days.
What are an H-1B employer’s notification requirements?
Source: U.S. Department of Labor
Notice must be given to U.S. workers on or within 30 days before the date the employer files the Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) with the Department of Labor. This notice must include:
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The number of H-1B nonimmigrants the employer is seeking to employ;
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The occupational classifications in which the H-1B nonimmigrants will be employed;
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The wages offered;
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The period of employment;
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The locations at which the H-1B nonimmigrants will be employed; and
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The following statement: “Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.”
Electronic Notice
Source: U.S. Department of Labor
Employers are required to electronically provide the notice of the filing of the LCA to all workers at the place of employment for 10 days. If an employer chooses to provide notice electronically, the employer must electronically notify all employees at the place of employment in the occupational classification for which H-1B workers are sought. This notice may be provided by individual e-mail messages, by posting on an appropriate electronic bulletin board, or by other appropriate methods.