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Department of Labor (DOL) › Labor Condition Applications › Employer Liability Issues

Seyfarth Shaw LLP

Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees (UPDATED)

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Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...more

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

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With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

Miles & Stockbridge P.C.

A Lesson for Employers: The Obligation to Pay H-1B Workers May Begin Even Before the H-1B Petition is Approved

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An IT consulting company based in Southern California recently paid $48,193 to one employee after the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the company violated provisions of the H-1B visa...more

Miles & Stockbridge P.C.

H-1B Employers May Face Fines for Non-Compliance with LCA Requirements

Miles & Stockbridge P.C. on

A staffing and recruiting company based in El Segundo, California recently paid $58,815 in fines to two H-1B workers after an investigation by the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the...more

Seyfarth Shaw LLP

Sourcing The Right Talent While Grappling With Business Immigration: A Continuing Tug-of-War

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Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more

Carlton Fields

Three Takeaways From The DOL's New Labor Condition Application Form

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Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

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To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Herbert Smith Freehills Kramer

H-1B Employer Found Liable for Substantial Back Wages After Failing to Notify USCIS of Termination

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As we have advised in the past, a bona fide termination of an H-1B employee by an employer only occurs when the employer does all of the following: (1) gives notice of termination to the H-1B worker; (2) notifies U.S....more

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