U.S. Department of Labor Issues Guidance Regarding Employers’ Obligations When Posting Electronic Notice under H-1B Visa Program

WASHINGTON, DC – 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.

The H-1B foreign labor certification program allows American companies to employ nonimmigrant workers in specialty occupations if the employment of such nonimmigrant workers will not adversely affect similarly employed U.S. workers. WHD's enforcement and education efforts related to this program continue to safeguard American jobs, level the playing field for law-abiding employers, and ensure that employers pay workers for what they have legally earned.

More information about the Department's commitment to protect American workers is available at https://www.dol.gov/whd/immigration/protecting-american-workers.htm  You can contact WHD by calling our toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/WHD.