Immigration Law

DOL Posts Field Assistance Bulletin on H-1B Notification Requirements

DOL, Mar. 15, 2019

"The U.S. Department of Labor's Wage and Hour Division (WHD) today issued a Field Assistance Bulletin (FAB) reiterating employers' responsibilities under the H-1B visa program.

The Immigration and Nationality Act (INA) requires employers seeking to employ H-1B workers to notify affected U.S. workers of their intention to hire nonimmigrant workers. WHD is providing additional guidance to employers on how electronic notifications may be used to meet the notification requirements.

"This guidance helps to ensure that American workers receive the notice they need to enforce their rights," said Keith Sonderling, Acting Administrator for the Wage and Hour Division. "These notices are critical to guard against displacement of Americans by H-1B employees. This guidance offers clarity to ensure that U.S. workers are aware of their rights and their employer's intent to hire H-1B workers."

The FAB confirms that if an H-1B employer chooses to provide notice through electronic media, the employer must ensure that affected American workers, including those employed by a third-party, have access to, and are aware of, the electronic notification. This guidance describes the conditions under which electronic notice satisfies these requirements and provides examples of different methods of posting."