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An employer must determine H-1B-dependency status every time the employer files a Labor Condition Application. Further, if an employer who did not file as H-1B-dependent at the time of filing the LCA becomes H-1B-dependent when filing Form I-129, the employer cannot use the LCA and must obtain a new one.
For the first time, there was established a quota of 65,000 H-1B visas available each fiscal year, rather than an unlimited amount before. An employer was required by law to pay such employees at least the prevailing wage for the position, and employers were required to make certain attestations by way of a Labor Condition Application. [88] [89]
The new rule expands the definitions of specialty occupation positions and spells out the requirements for nonprofit and governmental research organizations to… DHS overhauls H-1B visa program ...
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
The first Trump administration increased wage requirements for H-1B applicants beyond what citizens working in those sectors would earn, impacting entry-level workers.
Doran did agree that increasing the talent pool with visa workers makes it easier for employers “to hire the specific workers they want.” He also emphasized that the use of H-1B workers and U ...
No "benching" rule: Employers must pay H-1B nonimmigrants the required wage for the full hours specified on the H-1B visa petition even if the beneficiary is in nonproductive status due to a decision by the employer, or based on the nonimmigrant's lack of a permit of license, i.e., full-time employees must be paid full-time wages, and part-time ...
Applicants are required to have a valid passport and documents showing that they are a qualified individual in a specialty occupation as well as proof of a valid job offer from a U.S. employer ...