The Department of Labor (DOL) memo sent out on March 15, 2019 details the operations in order to bring transparency to companies that seek to employ H-1B visa holders and place them at end-Client sites. The memo on “Compliance with the H-1B Notice Requirement by Electronic Posting” requires companies that employ H-1B professionals, particularly businesses in the information technology (IT) services and contingent workforce industry to provide documented notice to affected US workers.
H-1B rules require sponsoring employers to provide the affected US workers and collective bargaining representatives with notice that it will employ H-1B workers. The notice should include information about prevailing wages, specialty occupation, and the location of the Labor Condition Application (LCA). Employers must file this notice with information about how to inspect or lodge H-1B-related complaints with DOL.
While the onus is on the employer, it would be good practice for any H1-B employee about to accept an IT Contract position to verify that your employer has complied with the Notice requirement. As per the DOL, regulations employer must be providing a “notice” to the collective bargaining representative or, if the job is not unionized, then employers may either post paper notices at the workplace or may provide notice electronically.
The provision regarding electronic notice was published by DOL in 1998 and makes no reference to internet sites, neither mandating nor prohibiting their use. The transparency within the workflow will minimize the errors and lead to IT contractor workforce compliance.
When the DOL determines, after investigation and the completion of any appellate process, that the employer has engaged in a “substantial failure” to comply with the Notice requirement, then the law forces the government to debar or disqualify the employer from sponsoring any foreign nationals for employment in the United States for at least one year.
For employers who rely on overseas professionals to supplement their U.S. workforce, debarment can be devastating to their U.S. business, while dealing a severe blow to the H-1B employees. Hence, it would be a good practice to ensure that the employer is always in compliance with the notice requirements.
The new memo sent out on March 15, 2019, provides insight into how The Department of Labor now interprets the electronic Notice regulation. Subsequently, employers who provide notice electronically should examine and, ensure that the electronic notice must be “readily available” and that employees at the worksite should have “direct access” to the notice.
The new memo clarifies that these mandatory regulations mean that affected workers in the same occupation and location as the H-1B worker must be capable of accessing the electronic notice and should have knowledge of the electronic resource where the notice is posted.
The memo makes a key point pertaining to the electronic notification on their public websites where the H-1B workers employed at customer or third-party sites. DOL explains that “H-1B petitioners could give electronic notification on their public websites, as long as the affected workers at the third-party worksite are aware of the notice and able to determine which notice is applicable to their workplace.”
Further, DOL’s position states that H-1B employers must take the additional steps 1) to inform affected workers that they may review the H-1B employer’s website to read the regulatory notices, and 2) And ensure that it is apparent to the affected workers which website notices apply to their worksite. Therefore, ensuring transparency for the companies and affected U.S workers.
Department of Labor position places an extra burden on certain employers that are not explicitly required by the regulations. To limit the risk that DOL would identify a violation of the Notice requirement during an enforcement action, the employers that place H-1B workers at customer sites should create a reasonable network between the worksite and the notice on the employer’s website.
For example, the Department of Labor memo suggests that the employer may accomplish this by posting a hard-copy message in a conspicuous location at the worksite and point interested parties to the position of the notice on the employer’s website. The hard-copy at the workplace need not repeat the content of the notice but could simply provide enough information to identify the employer and location of the notice, such as a URL. Employers should tag notices on their website by occupation and location to avoid potential major problems during a Department of Labor investigation.
All the companies should review their practices/procedures when they provide notice electronically. The companies that employ H-1B workers at third-party sites most likely will need to make adjustments.
Most companies that hire H-1B workers at third-party sites post notices either on their website or a physical copy on the customer site. However, due to lack of centralized systems, they don’t often keep a track of such postings and the follow up of what happened to the LCA related posts. This poses the biggest challenge to employers and employees alike as they deal with a flurry of notices from various agencies.
United States Customs and Immigration Services (USCIS) has been mandated to ensure Read More
Immigrant population is relatively small (about 13%) compared to our national population. Read More
Immigration and Customs Enforcement (ICE) verifies employer compliance with I-9 Read More
I-9 is a critical document that has to be recorded, which marks the beginning of legal employment Read More
The H-1B visa approval in 2019 has become more stringent than ever before. Read More
The US Citizenship and Immigration Services (USCIS) would start accepting new H-1B visa. Read More
Consulting employers today, strive to provide the best services to an end client. This would mean that they match a project Read More
Or is it just for those who know well to bend the rules and play in the grey area? Has the industry become so narrow Read More
Science, Technology, Engineering and Math students have the O.P.Tion to learn from industry professionals using Career Practical Training (CPT) Read More
Acting Executive Associate Director for Homeland Security Investigations (HSI) Derek N. Read More
Benching is non-existent in the books of USCIS. H1 B is for you, as an employer Read More
Tech companies are suffering the biggest impacts of the tightening of H-1B visas by the recent USCIS policy changes. Read More
Recently an IT consulting company paid around $48,000 to one of its employees after the Department of Labor (DOL)’s Read More
Employee A and Employee B (we are not naming them for privacy reasons) is working at same end client and received the same RFE. Read More
Employers who are H1B dependent are in the middle of a time period when extraordinary light has been Read More
H1B petitioners seeking an extension or renewing or transferring their H1 B are subject Read More
According to a new analysis by the National Foundation for American Policy (NFAP) Read More
Familiar story? But did you know that the three applications mostly faced an RFE Read More
H1B petitioners seeking an extension or renewing or transferring their H1 B are subject Read More
There's no debate needed in the fact that the purpose of a business is profit. Read More
Before an H1B application is even considered on its merits Read More
About 24% of new H1B visa petitions were denied in FY 2019, a total of 27,707 out of 116,031 Read More
Businesses of all sizes must be prepared for the immigration enforcement under the current Read More
Under the new system, employers seeking to hire foreign citizens on H-1B Read More
Department of Homeland Security (DHS) proposed a new rule that seeks Read More
Established processes help both the Business Client and the attorney Read More
Starting September 2018, USCIS visa policy changes allowed immigration officials to reject visa Read More
The continuing spread of the novel coronavirus (COVID-19) throughout the United States has caused employers scrambling Read More
Currently major companies are either allowing or requiring everyone to work from home Read More
U.S. Citizenship and Immigration Services to help H1B beneficiaries and petitioners responding to requests for evidence (RFEs) Read More
There has been a profound effect on immigration since the outbreak of COVID-19 pandemic, along with “stay-at-home,” quarantines, travel bans, etc., Read More
U.S. Citizenship and Immigration Services (USCIS) Electronic registration system has denied hundreds of H-1B registrations during the H-1B visa lottery process. Read More
COVID-19 has created a multitude of unprecedented challenges for visa applicants and employers. Read More
The Department of Homeland Security (DHS) faces immigration-related challenges due to the coronavirus (COVID-19) pandemic Read More
The US Department of Homeland Security (DHS) has issued guidance that provides flexibility for employers to comply with Form I-9 requirements during COVID-19. Read More
As an H1B Employee, please be aware that USCIS has a framework of policies that help you as businesses are considering strategies to reduce costs including reductions in workforce. Read More
The current administration has signed a new executive order on April 22, 2020 Read More
U.S. Citizenship and Immigration Services (USCIS) introduced a new version of Form I-9 (Employment Eligibility Verification) for all new hires and it is effective from May 1, 2020. Read More
The US government has given a grace period of 60 days to H-1B visa holders and Green Card applicants who have been served notices for submission of various documents Read More
According to the U.S. Citizenship and Immigration Services (USCIS) data, the number of H1B visas that were approved in the second quarter of FY2020 was 4% higher compared to FY2019. Read More
The “Public Charge Rule” implemented by the Department of Homeland Security (DHS) on February 24, 2020 mandates that certain individuals applying for U.S. immigration status Read More
H1B and L1 visas that help many nonimmigrant professionals to live and work in the U.S.are now facing the prospect of leaving the country Read More
US Congress lawmakers proposed major reforms in skilled non-immigrant visa programmes by giving priority to US-educated foreign technology professionals in issuing H-1B work visas. Read More
The latest scrutiny of the program has increased the financial pressure and uncertainty for students from abroad as the coronavirus pandemic forced college campuses to shut down. Read More
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced on May 14, 2020 Read More
Google, Facebook, Amazon, IBM and Accenture are among the top technology companies that are petitioning Read More
US technology firms such as Google and Apple are likely to face the impact of the H-1B Visa Ban. Read More
The U.S. Immigration and Customs Enforcement (ICE) announced another extension of flexible Form I-9 rules on June 16, 2020. Read More
The new executive order extends the expiration date of Proclamation 10014, the 60-day restriction on immigrant visas issued in April, to December 31, 2020. Read More
The new executive order impacts several Non-immigrant visa categories including H-1B, H-2B, J-1, and L-1, as well as the derivative visa Read More
The new executive order suspended H1B Visas till the end of December 2020. The H-1B visa program enables U.S. companies Read More
U.S. Immigration and Customs Enforcement announced on Monday that international students “need not take a full online course load and remain in the United States” Read More
The Department of Homeland Security’s COVID-19 flexibility regarding the physical presence requirements for I-9 inspection ends on July 19, 2020 Read More
H-1B visa holders' spouses and dependents, who had a valid H4 Visa as of June 24, 2020, but were stranded outside the country will be given permission to travel back to the United States. Read More
The U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibilities Read More
On July 17, 2020, the Department of State has published a new guidance which states that in addition to the limited exceptions to the Proclamation for humanitarian travel Read More
The current administration’s suspension of work visas, reportedly restricted more than 500,000 people from entering the US this year Read More
The current administration announced on July 31, 2020, a drastic increase in the fees for certain immigration procedures, including an 81 percent increase in the cost of US citizenship Read More
The Current Administration signed an Executive Order on August 3, 2020, requiring federal agencies Read More
The U.S. Department of Homeland Security’s (DHS) announced on August 18, 2020, a fourth extension of its prior guidance relaxing the in-person verification requirements Read More
USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions on August 3, 2020 Read More
Qualifying for an H1B visa may get quite difficult for foreign workers over the days to come if the amendments suggested by the Department of Homeland Security (DHS) come into place. Read More
The Global Pandemic has caused disruptions in the labour market and has forced many educational institutes and employers to rethink how to deliver training. Read More
The U.S. Citizenship and Immigration Services (USCIS) new filing fees to be effective starting October 2, 2020. Read More
The Covid-19 pandemic has had several implications on every sector of the market. In the Immigration sector Read More
Employers who accept certain Form I-765 Approval Notices specifically approved during the pandemic for I-9 documentation purposes Read More
On October 6, 2020, the Department of Labor (DOL) and Department of Homeland Security (DHS) Read More
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced on November 18, 2020 Read More
The U.S. Department of Labor (DOL) announced about the “Strengthening Wage Protections for the Temporary and Permanent Employment Read More
H1B Employers are breathing a sigh of relief after a California federal judge set aside a recent U.S. Labor Department Read More
U.S. Citizenship and Immigration Services (USCIS) has further extended temporary I-9 verification measures until February 1, 2021. Read More
The U.S. Customs and Immigration Services (USCIS) has announced that the U.S. Department of Homeland Security (DHS) Read More
The new administration has directed Immigration and Customs Enforcement (ICE) to pause certain deportations for 100 days. Read More
On January 8, 2021, U.S. Citizenship and Immigration Services (USCIS) published a final rule modifying the H-1B cap selection process. Read More
U.S. Citizenship and Immigration Services (USCIS) has released guidance on the H-1B random-selection lottery process for 2021. Read More