USDOL Targeting H-1B Pay/Benefits Compliance


The US Labor Department is aggressively investigating compliance with the wage-rate and benefits commitments employers must make in an H-1B Labor Condition Application (LCA). These investigations are usually triggered when an H-1B employee complains that the employer failed to pay the LCA wage.

The H-1B program allows foreign nationals to work in the US in professional or specialty jobs. However, the employer must attest, among other things, that it will:

..Pay the H-1B employee at least the prevailing wage set by DOL based upon job duties and the employment location, and

..Offer the foreign worker benefits comparable to those offered to US workers in the same job classification.

Please see full alert below for more information.

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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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