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elaws - employment laws assistance for workers and small businesses

- H-1B Advisor

Exempt H-1B worker

Exempt H-1B worker is an H-1B worker who receives at least $60,000 per year in wages or has attained a master's or higher degree in a specialty related to the intended employment. If an H-1B dependent employer or a willful violator employs only exempt H-1B workers on an LCA where the employer has attested to hiring only exempt workers, the employer is relieved from the additional obligations (nondisplacement, recruitment, and hiring) with which the employer would otherwise be required to comply. This is not the same as exempt under the FLSA.


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