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H-1B / LCA Compliance | The Public Access File | H-1B / LCA Compliance Consulting Services | More Information

Labor Condition Application: The American Competitiveness and Workforce Improvement Act (ACWIA) requires all employers which employ foreign workers in H-1B nonimmigrant visa status to post an approved Labor Condition Application (LCA) for ten days in two conspicuous locations at the worksite where the H-1B worker will be employed. The employer must attest that the wage offered to the applicant is at least as high as that paid by the employer to current employees for the same type of job, and the number equals or exceeds the prevailing wage for the job in the same geographical area; that working conditions will not adversely affect those workers similarly employed; that there is no strike or lockout at the employer's premises; and that the notice of the LCA has been given to current employees.

Employers which employ foreign workers in H-1B nonimmigrant visa status are also required to maintain a public access file containing certain information regarding the employee's wages and the employer's compliance with the LCA. Maintaining a public access file is an integral part of complying with H-1B laws. This file should contain a copy of the signed and certified LCA; documentation of the salary; an explanation of how the actual wage was determined; documentation or description of the basis for the prevailing wage (often this is a copy of the survey used to determine the prevailing wage); documentation that the LCA was posted for the required notification period notifying employees of the LCA filing (or, if in a unionized workplace, that the union was notified); and now required under the ACWIA, documentation indicating whether the employer is H-1B dependent as defined in the Act, and if so, documentation of additional recruitment and non-layoff provisions made on the LCA.

Changes in the Terms of Employment: Employers are also responsible for ensuring that its H-1B employee's job duties remain in compliance with USCIS regulations. Substantial changes in job duties may require the filing of an H-1B amendment with USCIS. Substantial changes include, but are not limited to, promotions; demotions; changes in job duties; responsibilities; changes in appointment percentage; decreases in hours, salary, and benefits; changes in physical location; and moves to other departments.

Penalties/Sanctions: When violations are found, the Administrator of the Wage and Hour Division may assess civil monetary penalties with maximums ranging from $1,000 to $35,000 per violation, depending on the type and severity of the violation. The Administrator may also impose other remedies, including payment of back wages. Within 15 days of the date of the determination, any interested party may request a hearing on the Wage and Hour Administrator's determination before an administrative law judge. Within 30 days of the decision by an Administrative Law Judge, an interested party may request a review of the ALJ's decision by the Department's Administrative Review Board. Employers found to have committed certain violations may also be precluded from future access to the H-1B program and other immigrant programs for a period of at least one year.

Immigration Compliance Group provides comprehensive assistance to our clients in developing and maintaining best practices necessary to assure compliance with USCIS and Department of Labor regulations.  We have extensive knowledge of the H-1B and LCA regulations and provide our clients with the tools necessary to run a successful H-1B program, including the preparation of Public Access Files and the set-up and maintenance of LCA tracking systems.  Our H-1B / LCA Compliance Auditing and Consulting Services will assist employers in:

• Providing tools to teach compliance to managers in field or remote offices;
• Public Access File retention;
• Practical guidelines for reducing paperwork;
• Practical guidelines for reducing substantive violations and lowering risks of penalties;
• On-site or web seminar training on proper procedures;
• Onsite Public Access File audit services
• Standards for self-audits.

Immigration Compliance Group works proactively with its clients to provide comprehensive assistance in developing and maintaining best practices necessary to assure compliance with USCIS, ICE, SSA and DOL regulations.

Employer compliance is becoming more complex and enforcement (investigations and audits) is increasing. In order to effectively deal with these issues and avoid the very severe consequences for non-compliance, employers must take the time to develop a strategy and be prepared in advance with an Immigration Compliance Program.

Immigration Compliance Group will customize such a program for you and will provide onsite or telephonic training, consulting, and document auditing in all of the areas mentioned above, as well as provide ongoing compliance updates. For more information on our services, please contact us at info@immigrationcompliancegroup.com

For more information on Employer Compliance: Employer Compliance Employer Verification / I-9 Compliance Social Security SSN No-Match Letters H-1B - LCA Compliance Mergers & Acquisitions Immigration Due Diligence Employer Compliance Services & Solutions