H-1B Compliance Assistance Toolkit

Here are a few key things employers should understand:

• 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 law establishes certain standards 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.

Here are some resources and guides to help you understand your responsibilities under the H-1B program.

General Guidance

• Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement by Electronic Posting (PDF)

• elaws Advisors: Work Authorization for non-U.S. Citizens: Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas)

• Wages under Foreign Labor Certification

• The Employment of Non-Immigrants on H-1B Visas (Microsoft® PowerPoint®)

Disqualified and Willful Violator Employers

• H-1B Willful Violators List

• H-1B Debarred Employers List

Other Federal Agency Resources

• U.S. Citizenship and Immigration Services: H-1B Specialty Occupations

• U.S. Department of State: Temporary Worker Visas

• Employment and Training Administration: H-1B, H-1B1 and E-3 Specialty (Professional) Workers

Still need more guidance? Ask us. WHD provides guidance on how laws apply to specific workplace situations. Request an Opinion Letter.

Learn more about how the laws we enforce apply to your business.

• H-1B Fact Sheets – Learn more by reading fact sheets that cover H-1B topics.

• Labor Condition Application for Nonimmigrant Workers Form ETA-9035 & 9035E (PDF)

  • Instructions for Form ETA-9035CP (PDF)

• WH-4, H-1B Nonimmigrant Information Form

• FAQs Regarding Prevailing Wage Determinations for Nonagricultural Programs

• H-1B Workers Rights Card (PDF)