H1-B dependent
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How does an employer know if they are H1-B dependent?
An employer can quickly determine if they are dependent by figuring out the ratio of H-1B nonimmigrant workers to their total workforce (H-1B and U.S. workers combined).
- A “small employer” (one who has 50 or fewer employees), can be broken into two sections:
- 25 or fewer total employees and AT LEAST 8 of them are H-1B nonimmigrant workers, you are H-1B-dependent; or
- 26-50 total employees and AT LEAST 13 of them are H-1B nonimmigrant workers, you are H-1B-dependent.
- If you are a “large employer”, dependency can be determined upon whether you have 51 or more workers, and of those, AT LEAST 15% are H-1B nonimmigrant workers.
What is the difference between an H-1B employer and an H-1B-dependent employer?
An H-1B-dependent employer has a few additional obligations it must fulfill in order to stay compliant with the Department of Labor. An H-1B-dependent employer must have, in good faith, taken steps to recruit U.S. workers for the position before relying upon a new H-1B worker. It also cannot displace a U.S. worker at the time of filing an H-1B visa petition. These rules (or “additional attestations” as they are called) are set in place to protect the U.S. workforce.