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 * Wage and Hour Division Administered Immigration Programs
 * H-1B Program


H-1B PROGRAM



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 * H-1B Program
 * H-2A: Temporary Agricultural Employment of Foreign Workers
 * H-2B Program
 * U and T Visa Certifications


OVERVIEW

The H-1B program applies to employers seeking to hire nonimmigrant aliens as
workers in specialty occupations or as fashion models of distinguished merit and
ability. A specialty occupation is one that requires the application of a body
of highly specialized knowledge and the attainment of at least a bachelor’s
degree or its equivalent. The intent of the H-1B provisions is to help employers
who cannot otherwise obtain needed business skills and abilities from the U.S.
workforce by authorizing the temporary employment of qualified individuals who
are not otherwise authorized to work in the United States.

The law establishes certain standards in order to protect similarly employed
U.S. workers from being adversely affected by the employment of the nonimmigrant
workers, as well as to protect the H-1B nonimmigrant workers. Employers must
attest to the Department of Labor that they will pay wages to the H-1B
nonimmigrant workers that are at least equal to the actual wage paid by the
employer to other workers with similar experience and qualifications for the job
in question, or the prevailing wage for the occupation in the area of intended
employment – whichever is greater.


KEY NEWS

On January 15, 2021, the U.S. Department of Labor (Department) issued an Office
of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour
Division Field Assistance Bulletin (FAB) revising its interpretation of its
regulations concerning which employers of H-1B workers must file Labor Condition
Applications.  The Department simultaneously submitted a Notice for publication
in the Federal Register announcing and requesting public comments on this
interpretation.  On January 20, 2021, the Department withdrew its Notice from
the Office of the Federal Register prior to its publication, and is now
withdrawing the Bulletin and FAB for the purpose of considering the process for
issuing this interpretation as well as reviewing related issues of law, fact,
and policy.  Accordingly, the requirements of the Bulletin and FAB are no longer
in effect.  The Department will notify the public of any further actions as
appropriate once it completes its review. 


GENERAL GUIDANCE

 * Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement
   by Electronic Posting (PDF)
 * Employment Law Guide: Workers in Professional and Specialty Occupations (H-1B
   and H-1B1 Visas)
 * Frequently Asked Questions Regarding Prevailing Wage Determinations for
   Nonagricultural Programs
 * Wages under Foreign Labor Certification
 * H-1B Workers Rights Card


H-1B PRESENTATION

 * The Employment of Non-Immigrants on H-1B Visas (Microsoft® PowerPoint®)


FORMS

 * New Labor Condition Application (Form ETA 9035) with Instructions
 * WH-4, H-1B Nonimmigrant Information Form


FACT SHEETS

 * H-1B Fact Sheets - Numerical Index


DISQUALIFIED AND WILLFUL VIOLATOR EMPLOYERS

 * DOL maintains a list of individuals or corporations who, as a result of an
   H-1B investigation/final agency action, have been disqualified from approval
   of petitions to participate in the nonimmigrant program. In addition, willful
   violator employers are subject to random investigations by the Department of
   Labor for a period of up to five years from the date that the employer is
   determined to be a willful violator.
   * H-1B Willful Violators List
   * H-1B Debarred Employers List


NONIMMIGRANT WORKER RELATED AGENCY LINKS

 * Department of Homeland Security/U.S. Citizenship and Immigration
   Services(link is external)
 * Department of State(link is external)
 * Department of Labor/Foreign Labor Certification



 


CIVIL MONEY PENALTY INFLATION ADJUSTMENTS

emptyType of ViolationStatutory CitationCFR CitationMaximum Civil Monetary
Penalty on or before 1/15/2024Maximum Civil Monetary Penalty on or after
1/16/2024(1) A violation pertaining to strike/lockout or displacement of US
workers;
(2) A substantial violation pertaining to notification, labor condition
application specificity, or recruitment of US workers;
(3) A misrepresentation of material fact on the labor condition application;
(4) An early-termination penalty paid by the employee;
(5) Payment by the employee of the additional filing fee;
(6) Violation of the requirements in 20 CFR 655 subparts H and I or the
provisions regarding public access where the violation impedes the ability of
the Administrator to determine whether a violation of sections 212(n) or (t) of
the INA has occurred or the ability of members of the public to have information
needed to file a complaint or information regarding alleged violations of
sections 212(n) or (t) of the INA8 USC 1182(n)(2)(c)(i)20 CFR
655.810(b)(1)$2,232$2,304(1) A willful failure pertaining to wages/working
conditions, strike/lockout, notification, labor condition application
specificity, displacement (including placement of an H-1B nonimmigrant at a
worksite where the other/secondary employer displaces a US worker), or
recruitment;
(2) A willful misrepresentation of a material fact on the labor condition
application; or
(3) Discrimination against an employee;8 USC 1182(n)(2)(c)(ii)20 CFR 655.801(b)
and 20 CFR 655.810(b)(2)$9,086$9,380(1) A willful violation resulting in
displacement of a US worker employed by the employer in the period beginning 90
days before and ending 90 days after the filing of an H-1B petition in
conjunction with:
(i) A willful violation of the provisions pertaining to wages/working condition,
strike/lockout, notification, labor condition application specificity,
displacement, or recruitment; or
(ii) A willful misrepresentation of a material fact on the labor condition
application8 USC 1182(n)(2)(c)(iii)20 CFR 655.810(b)(3)$63,600$65,661

 

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