Essential Compliance Issues for Employers: H-1B and the Requirements under the LCA

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.