H-1B

The Immigration and Nationality Act (INA), as amended, created the H-1B classification for the temporary employment of foreign workers in specialty occupations where there is presumably a shortage of qualified U.S. workers. Although employers are not required to demonstrate the lack of qualified U.S. workers, they are required to comply with standards that protect U.S. workers. Any employer who employs an H-1B nonimmigrant worker is subject to the rules contained in 20 CFR Part 655 Subparts H and I.  Those who employ more than 7 H-1B workers and those who receive funding under TARP or Section 13 of the Federal Reserve Act are subject to additional obligations.

An interactive, online H-1B Advisor which I designed and wrote for the USDOL sets forth their position on many issues and helps users of the Advisor determine if they fulfill the requirements of the visa program by answering questions relevant to specific H-1B classified workers.  It also outlines notification requirements, monetary issues, worksite issues, recordkeeping, and worker protections, as well as additional requirements for employers deemed to be H-1B dependent or willful violators.

I can help you conduct an internal audit or establish protocols to comply with the many attestations you made by virtue of seeking the employment of these special visa holders.  Failure to comply with the requirements of the statute and regulations may result in substantial fines and debarment from all immigration programs as well as back wages and other damages.