There are regulatory
obligations related to the Labor Condition Application (LCA) and the public
access file that employers must comply with when sponsoring a foreign national
for an H-1B. The LCA program was
conceived as part of the process to protect U.S. workers from foreign workers
willing to work for less money, and at less-favorable working conditions. The
LCA has a number of attestations, public posting requirements and records maintenance
obligations for employers.
Did you know that employers who fail to comply with
the LCA attestations or public access requirements may find themselves faced
with civil penalties in the amounts from $1,000.00 per violation to as much as
$35,000.00 per violation, accompanied by an order to for back-pay of salary and
fringe benefits to the foreign worker or debarment from participation in the
H-1B program for one to three years? For further discussion of the key elements
surrounding LCA compliance visit the TBLO website and click on the H-1B link
under Services tab: http://www.batrakovalaw.com/#!h-1b---specialty-occupation-employment-/c1way.
