As long as the employer continues to employ the H-1B visa holder, the employer must continue to pay the employee at least the wage indicated on the LCA and in the indicated geographic location. If there are any material changes to the employment a new LCA must be filed as well as a new or amended H-1B visa petition. Changes to any of the following must be reported to OIS prior to the enactment of the change:.
Payroll records showing the wage rate for all other employees in the occupation at the worksite. Documents describing the offer of benefits to H-1B and other workers. The calculation of H-1B dependency, if the employer:. Evidence that US workers have not been displaced because the employer hired the H-1B worker, including an explanation of the departure of any US workers in the occupation and worksite 20 C.
Evidence the employer' inquired about nondisplacement of US workers at secondary worksite, if relevant 20 C. Documents regarding the recruitment of US workers for the occupation showing:. The change in occupation must be material, including, for example, a change in duties and responsibilities, but not merely a change in title nomenclature. Worksite, outside of the geographical area of the initial LCA. Wage, when the wage change reflects a material change in the terms and conditions of employment such as a significant reduction in salary.
When the employer undergoes a change in its corporate structure and assumes liability for existing LCAs, it must update the affected LCA PAFs with a statement including:.
Any recalculation of exempt status by an employer that is H-1B dependent or a willful violator. Posting notices for additional locations in the same geographic area as the existing LCA. The posting must begin at least one day before the foreign worker's employment at the new location. Instead of benching H-1B workers, employers may either:. PAFs may be destroyed one year after either:. An electronic notice can be posted on any online forum all employees have access to and must be posted for at least a period of 10 days.
An emailed notice : Employers can email a copy of the LCA or equivalent document to all employees and contractors in similar positions at the site listed on the LCA. The notice only needs to be sent once to qualify. Related COntent.
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Request a Consultation. Please use the form below to request a consultation. Email Address. In addition, an employer is not permitted to pay a wage that is lower than a wage required under any other applicable Federal, State or local law. More information on obtaining a prevailing wage determination from the NPWC can be found here. LCAs must not be submitted more than 6 months before the beginning date of the period of employment.
The two exceptions to electronic filing are employers with physical disabilities or those who lack Internet access and cannot electronically file the Form ETAE.
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