H-1B Audits and Investigations

DON'T GET CAUGHT WITH YOUR LCA PANTS DOWN: U.S. Department of Labor (DOL), Wage and Hour Division, Continues to Conduct H-1B Audits and Investigations.

Employers who hire H-1B professional and specialty occupation employees are required by law to submit a completed Labor Condition Application (LCA) on DOL Form ETA 9035E in the manner prescribed by the regulations. By completing and signing the LCA, the employer attests to several items called "attestations". These attestations concern the employer’s responsibilities to the H-1B nonimmigrant employee, including the wages, working conditions, and benefits to be provided to the potential H-1B worker that will join the employer's pool of employees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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