The U.S. Department of Labor unveiled a
new tool to help employers and others understand how to comply with
requirements under the H-1B visa program, which allows for the
temporary employment of foreign workers in the U.S. in certain
specialty occupations.
An online "advisor," available at http://www.dol.gov/elaws/h1b.htm,
describes the program's standards and provides detailed information
about employers' and workers' rights and responsibilities. It outlines
notification requirements, monetary issues, worksite issues,
recordkeeping, worker protections and enforcement.
"The Labor Department's goal is to provide employers and the public
with user-friendly information regarding both rights and
responsibilities under the H-1B program," said Secretary of Labor Hilda
L. Solis. "The new online advisor harnesses technology to help take the
mystery out of the new rules, and it offers an important resource to
workers and employers alike."
The H-1B nonimmigrant visa classification was created under the
Immigration and Nationality Act to help employers who cannot obtain
needed skills and abilities from the U.S. workforce by authorizing the
employment of qualified individuals who are not otherwise authorized to
work in the U.S. The act establishes certain standards to protect
similarly employed U.S. workers from being adversely affected by the
employment of foreign workers under the H-1B program, as well as to
protect H-1B workers themselves.
Responsibilities for the H-1B visa program are shared among the
Labor Department's Office of Foreign Labor Certification and the
department's Wage and Hour Division, the U.S. Department of Homeland
Security's U.S. Citizenship and Immigration Service and the U.S.
Department of State. The new advisor tool focuses solely on compliance
with the requirements enforced by the Wage and Hour Division. The tool
does not review the process for participating in the program or for
invoking H-1B visa portability.
The H-1B Advisor is one of a series of Employment Laws Assistance
for Workers and Small Businesses, or "elaws," advisors developed by the
Labor Department's Office of the Assistant Secretary for Policy,
working with other department agencies, to help employers and employees
understand federal employment laws. To access the set of advisors,
visit the elaws website at http://www.dol.gov/elaws/.
To learn more about the Labor Department's role in administering the
Immigration and Nationality Act and the H-1B visa program, visit the
department's Office of Foreign Labor Certification website at http://www.foreignlaborcert.doleta.gov and its Wage and Hour Division site at http://www.dol.gov/whd/.