Notice requirements
As the employer, you are obligated to inform your U.S. workers of the intent to hire a foreign worker by providing notice of the filing of the LCA to the bargaining representative if there is one. If there is not a bargaining representative, then the employer must post the notice of filing in two conspicuous locations at the employer’s establishments or by providing electronic notice.
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What must the notice include?
This notice must:
- Indicate that H-1B workers are being sought out.
- Identify the number of H-1B workers that the employer plans on hiring.
- State the occupational classification of the H-1B workers.
- State the wages offered.
- State the period of employment.
- State the locations at which the H-1B employees will be working.
- State that the LCAs are available for public inspection at the employer’s U.S. principal place of business or at the worksite of the H-1b employees.
- The notice MUST also include the following statement: “Complaints alleging misrepresentation of material facts in the LCA and/or failure to comply with the terms of the LCA may be files with any office of the Wage and Hour Division of the Unites States Department of Labor”.
If the employer is an H-1B-dependent employer or a willful violator, and the LCA is not being used solely for H-1B exempt nonimmigrants, the notice MUST contain additional information and the following statement: “Complaints alleging failure to offer employment to an equally or better qualified U.S. applicant or an employer’s misrepresentation regarding such offers of employment may be filed with the Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration-Related Unfair Employment Practices, 950 Pennsylvania Avenue, NW, Washington, DC 20530, Telephone: 1-800-255–8155 (employers), 1-800-255–7688 (employees); Web address: http://www.usdoj.gov/crt/osc “.
How should the notification be carried out?
The employer must notify their U.S. workers of intent to hire H-1B workers. There a few options in how this can be done.
- Through Union notice. When there is a collective bargaining representative for the occupation in which the H-1B worker is sought, the employer must provide said notice to the collective bargaining representative.
- If there is no collective bargaining representative, the notification must be posted via either a hard copy or electronically.
- Hard copy. A hard copy of the notice must be posted for 10 consecutive days in AT LEAST 2 conspicuous locations at each site where any H-1B nonimmigrant will be employed.
- Notice may be given by whatever electronic means the employer normally communicates to their employees with; i.e. email, bulletin board, home webpage, etc. This notification must also remain there for 10 consecutive business days.
What happens if after filing the LCA and putting a specific location of work on it, the employer moves the H-1B worker to a worksite not mentioned on the LCA?
The employer must notify the workers at this new site in the same manner as if this was the LCA-specified worksite. As such, the notification must occur at the time or before the H-1B worker will be placed there.
There are two types of non-worksites locations that do not need to be mentioned in the LCA: training locations and short visit locations.
For any time the H1B employee works at a non-worksite location, their worksite for purposes of wages, would be the regular worksite that is noted in the LCA.
Training locations – sites where the H1-B employee temporarily goes to in order to receive training.
Short visit locations –sometimes the nature of the H1-B employee’s job requires location changes. For example: an H1-B accountant who is conducting reviews and audits at a customer’s facilities.
Is there any notification that needs to be given to H-1B workers?
Yes, a copy of the LCA must be provided to each H-1B worker no later than the time they begin work at the location stated on the LCA.