Protection for U.S. Workers
There are different protections the government has put in place to protect U.S. workers.
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What are some of the protections for U.S. workers the government has put in place?
The Department of Labor has set up a few rules that one must follow in order to be accepted into the H-1B program. The reason for this is to promote the hiring of U.S. workers over H-1B workers. Examples of these protections are:
- During a lockout or strike (of the occupational classification), an employer MAY NOT take on H-1B workers at that site. The employer must also notify the ETA (Employment and Training Administration) of any future strike or lockout. Another example is that
- On or within thirty days of the employer filing the LCA for his H-1B worker(s), the employer must provide notice of intent to hire H-1B workers. This must be done in either of two ways:
- The employer must provide the notice of intent to the bargaining representative of workers in the occupation that the H-1B worker will be employed in; Or
- If there is no bargaining representative, the employer must post said notice in conspicuous locations at the intended place(s) of employment, OR, provide them electronically.
- A willful violator that displaces a US worker during a lockout or strike may be subject to an enhanced civil money penalty up to $35,000 and an enhanced department of a minimum of 3 years.
Are there any special protections/obligations aimed solely at H-1B-dependent Employers?
A U.S. worker employed by an H-1B-dependent employer cannot be laid off ninety days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. Additionally, an H-1B-dependent employer MUST offer any job to a U.S. worker who applies and is equally or better qualified for the job than an H-1B foreign national. The United States Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.