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elaws - employment laws assistance for workers and small businesses

- H-1B Advisor

Secondary displacement

Secondary displacement is a prohibition against the placement of an H-1B (excluding H-1B1 or E-3) nonimmigrant with another/secondary employer where there are indicia of an employment relationship unless and until the H-1B employer makes certain inquiries of the other/secondary employer and receives assurances that no U.S. worker similarly employed has been or will be displaced during the period beginning 90 days before and extending to 90 days after the placement of the H-1B worker. This prohibition is an additional obligation required of H-1B dependent employers and/or willful violators.


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