Glossary of Federal Agencies
There are four federal agencies involved with the classification and employment of H-1B nonimmigrant workers. These four are the Department of Labor, Department of State, Department of Justice, and Department of Homeland Security.
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Department of Labor (DOL)
The Department of Labor is the agency that administers and enforces the attestations of the Labor Condition Application (LCA). There are two specific DOL agencies that focus on the H-1B program.
- Employment and Training Administration (ETA): The ETA is the agency that receives and then determines certificate approval for the LCA’s. It is also responsible for organizing and maintaining all LCAs so that the public may examine them if a request is made. All LCAs are available for public examination at the Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210.
- Wage and Hour Division (WHD): Wage and Hour is the agency responsible for the investigations and determinations of whether an employer has misrepresented or failed to comply with any Labor Condition Applications.
Department of State (DOS)
The Department of State is the agency who is responsible for issuing the H-1B visas through U.S. embassies and Consulates.
Department of Justice (DOJ)
The DOJ is the agency that enforces and settles any complaints regarding an H-1B-dependent or willful violator employer’s failure to hire a U.S. worker who is equally or better qualified than the H-1B worker hired for that job. If the employer willfully misrepresents a material fact so that they do not hire an equally or better qualified U.S. worker, the DOJ pursues that as well.
Department of Homeland Security (DHS)
The DHS is the agency that checks to make sure the employer’s petition, DOL-certified LCA, and non-immigrant worker meet all statutory requirements for H-1B visa classification. If everything is in order, the DHS will notify the U.S. Consulate where the nonimmigrant worker will apply for the visa. If the worker is already in the United States and is eligible to adjust status without leaving the United States, the DHS will not need to notify any consulate. The DHS is also the agency that can deny any H-1B petition filed by an employer who is found to have engaged in misrepresenting material facts and/or failed to meet specific conditions of the LCA.