Crescent Law | Employer Compliance
H-1B Employer Compliance Requirements
Sponsoring an H-1B worker creates ongoing legal obligations. Failing to meet these requirements can result in fines, back-pay liability, and even debarment from the program.
Crescent Law | Employer Compliance
H-1B Employer Compliance Requirements
Sponsoring an H-1B worker creates ongoing legal obligations. Failing to meet these requirements can result in fines, back-pay liability, and even debarment from the program.
Why Compliance Matters
H-1B employer compliance extends well beyond filing the initial petition. Federal regulations require employers to maintain specific records, post notices, pay required wages, and adhere to the attestations made on the Labor Condition Application throughout the entire period of H-1B employment. The Department of Labor's Wage and Hour Division actively investigates complaints and conducts audits. For Seattle employers, particularly those sponsoring multiple H-1B workers, establishing robust compliance procedures is essential to avoiding costly enforcement actions.
Public Access File Requirements
- A copy of the certified LCA (Form ETA-9035/9035E)
- Documentation of the prevailing wage determination used
- A description of the actual wage system or a copy of the employer's pay scale
- Proof that LCA posting notice was displayed at the worksite for 10 consecutive business days
- A memo outlining the methodology for determining the actual wage
- Summary of benefits offered to H-1B workers compared to U.S. workers in similar positions
- For H-1B dependent employers: documentation of non-displacement and recruitment attestations
Key Compliance Obligations
| Requirement | Description | Consequence of Non-Compliance |
|---|---|---|
| Wage Payment | Pay at least the higher of the prevailing wage or actual wage for the full period of authorized employment | Back-pay liability, civil penalties up to $60,000 per violation |
| LCA Posting | Post LCA notice at the worksite for 10 consecutive business days, or provide notice to the bargaining representative | Potential LCA invalidation and petition denial |
| Public Access File | Maintain a file available for public inspection within one working day of a request | Fines and adverse findings in DOL investigations |
| Non-Displacement | H-1B dependent employers must attest they have not displaced U.S. workers within 90 days of filing | Additional penalties and debarment risk |
| Change Notification | Notify USCIS of material changes to employment terms such as worksite relocation or significant duty changes | Potential revocation of the H-1B petition |
Requirement
Wage Payment
Description
Pay at least the higher of the prevailing wage or actual wage for the full period of authorized employment
Consequence of Non-Compliance
Back-pay liability, civil penalties up to $60,000 per violation
Requirement
LCA Posting
Description
Post LCA notice at the worksite for 10 consecutive business days, or provide notice to the bargaining representative
Consequence of Non-Compliance
Potential LCA invalidation and petition denial
Requirement
Public Access File
Description
Maintain a file available for public inspection within one working day of a request
Consequence of Non-Compliance
Fines and adverse findings in DOL investigations
Requirement
Non-Displacement
Description
H-1B dependent employers must attest they have not displaced U.S. workers within 90 days of filing
Consequence of Non-Compliance
Additional penalties and debarment risk
Requirement
Change Notification
Description
Notify USCIS of material changes to employment terms such as worksite relocation or significant duty changes
Consequence of Non-Compliance
Potential revocation of the H-1B petition
Benching Is Not Permitted
Employers cannot place H-1B workers in non-productive status or fail to pay them their full wages due to a lack of available work. If no work is available, the employer must still pay the required wage unless the worker voluntarily requests leave. This obligation applies from the start date on the petition through the end of the authorized period or until proper termination procedures are followed.
Best Practices for Ongoing Compliance
Designate a Compliance Officer
Assign responsibility for H-1B compliance to a specific individual or team within your HR or legal department. This person should track I-94 expiration dates, LCA posting requirements, and public access file maintenance.
Audit Public Access Files Regularly
Review your public access files at least annually to ensure all required documents are present and current. Address gaps immediately.
Document Wage Payments Carefully
Maintain detailed payroll records showing that each H-1B worker receives at least the required wage for all hours in the pay period. Document any leave taken and whether it was voluntary.
File Amended Petitions When Necessary
If there is a material change in the terms of employment, such as a move from your Seattle office to a Bellevue location, changes in job duties, or a change in hours, file an amended H-1B petition with USCIS.
Follow Proper Termination Procedures
If the employment relationship ends before the H-1B period expires, notify USCIS, offer to pay reasonable return transportation costs, and withdraw the H-1B petition.
For Employers
Ensure Your H-1B Program Is Compliant
Crescent Law offers compliance reviews and ongoing support for Seattle employers managing H-1B workforces. Protect your company from enforcement risks.
Frequently Asked Questions
What triggers a DOL investigation of H-1B compliance?
How long must I keep H-1B records?
Do I need to file a new LCA if my H-1B worker moves to a different office in Seattle?
What are the penalties for H-1B compliance violations?
Ready to Move Forward?
Whether you are a professional exploring your visa options or an employer building a global team, we are here to help you navigate the process with clarity and confidence.
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