Wage and Hour Division (WHD)
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.
- Employment Law Guide: Workers in Professional and Specialty Occupations (H-1B and H-1B1 Visas)
- Frequently Asked Questions Regarding Prevailing Wage Determinations for Nonagricultural Programs
- Wages under Foreign Labor Certification
- H-1B Workers Rights Card
- The Employment of Non-Immigrants on H-1B Visas (Microsoft® PowerPoint®)
- New Labor Condition Application (Form ETA 9035) with Instructions
- WH-4, H-1B Nonimmigrant Information Form
Disqualified and Willful Violator Employers
- DOL maintains a list of individuals or corporations who, as a result of an H-1B investigation/final agency action, have been disqualified from approval of petitions to participate in the nonimmigrant program. In addition, willful violator employers are subject to random investigations by the Department of Labor for a period of up to five years from the date that the employer is determined to be a willful violator.
Nonimmigrant Worker Related Agency Links:
- Department of Homeland Security/U.S. Citizenship and Immigration Services
- Department of State
- Department of Labor/Foreign Labor Certification