H-1B Visa Compliance: Checklist for Employers

By Imagility

Posted in Attorney, Blogs, Petitioner
November 27, 2023

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Employers looking to bring in foreign talent via H-1B visas must comply with a strict compliance checklist to ensure smooth petition filing and legal compliance. It is crucial for employers to understand compliance and recognize the importance of complying with immigration laws when hiring foreign talent through H-1B visas.

Here is a detailed checklist designed to assist employers in navigating the H-1B visa process effectively while ensuring compliance with all legal requirements.

Labor Condition Application (LCA)
- Verify LCA details, including wage rates, job descriptions, and prevailing wage compliance.
- Confirm posting of LCA notices at the worksite.

Form I-129
- Complete and accurately fill out Form I-129, Petition for Nonimmigrant Worker.
- Ensure this form is submitted on time with all the required supporting documents.
Document Verification
- Collect and review all necessary documentation: educational qualifications, experience letters, job offer letters, etc.
- Validate that these documents meet all the H-1B visa requirements.
Public Access Files
- Create and maintain Public Access Files containing relevant LCA and H-1B petition documents.
- Make sure these documents are accessible and available for public inspection.

Public Access File Requirements – Key Documents

- Completed labor condition application
- Documentation of H-1B worker’s wage
- Explanation of actual and prevailing wages
- Proof of union/employee notification and benefits summary
Worksite and Wage Compliance
- Confirm that the H-1B employee will work at the specified worksite as mentioned in the petition.
- Ensure compliance with prevailing wage requirements and payment to H-1B workers as per government regulations.
Notification of Changes
- Stay updated about significant changes in employment terms or conditions for H-1B employees.
- Notify U.S. Citizenship and Immigration Services (USCIS) promptly about any changes in employment status or terms.
Maintain Records
- Maintain accurate records of H-1B employees’ work hours, wages, and other employment-related information.
- Ensure easy accessibility of records for possible audits or inspections.
Attorney Coordination
- Collaborate closely with legal counsel or immigration attorneys to ensure compliance with changing regulations and policies.
- Seek legal advice for any complexities in the petition process.
Response to Requests for Evidence (RFE)
- Prepare in advance for potential RFEs by ensuring comprehensive documentation.
- Timely and accurately respond to any RFEs from USCIS.
Stay Updated
- Regularly monitor updates and changes in immigration laws and policies.
- Adapt practices to remain compliant with evolving regulations.

This checklist is here to help employers stay on track during the H1B petition process, making sure they follow the rules and keep things running smoothly. Remember, getting guidance from legal or immigration experts can give you precise advice based on your unique situation and keep you updated on policy changes.

Conclusion

Maintaining employer compliance in H-1B petitions is intricate but mandatory. Using tools and technologies like Imagility’s platform can significantly ease the process, ensuring a seamless and compliant immigration experience.