It’s been a month of increasing salary cuts and lay offs for the US economy. The financial crisis plaguing the US market is forcing many businesses to cut down on work hours, salary, benefits etc. But employers need to be aware that making these adjustments for foreign workers may amount violations of the regulations set by Department of Labor.
The DOL regulations stipulate that employers of non-immigrant workers must comply with the salary and work hours specified in the approved Labor Certification for every immigrant. The LCA legally binds the employer into treating the foreign employee at par with any local candidate hired in a similar position. Consequently, any changes in salary, work hours, holidays etc. without making changes in the LCA, can be viewed as violation of DOL stipulations.
If an employer lays off an H-1B worker before the expiry date on his or her approval notice, DOL stipulates that the foreign worker’s return journey has to be financed by the employer. However, this obligation does not extend to dependents.