ImmiLETTER Vol. II – Issue 11 : November 1, 2007

A Glimpse on DOL H1B Audits
Responsibilities of Employers who hire H1b employees
Employers who hire H1b employees have certain responsibilities in terms of submitting a completed Labor Condition Application (LCA) on Form ETA 9035E in the manner prescribed by the regulations.

By completing and signing the LCA, the employer agrees to several attestations regarding an employer’s responsibilities, including the wages, working conditions, and benefits to be provided to the non-immigrant.

An important aspect of the LCA process is that the application is valid to specific place or places designated on the prevailing wage conditions, and the employee for whom this LCA process is filed and approved should be employed within the designated areas.

In order to enforce compliance of the LCA, DOL audits employers. Audits are usually triggered either when a current or former employee files a complaint with the DOL or when the DOL targets a specific industry for investigation.

Headlines
  • November 2007 Visa Bulletin: Minimal changes in EB dates
  • H2B Cap for First Half of FY 2008 Reached
  • DOL Clears Labor Certification Backlog
  • More Skilled Workers Needed, says Governors
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