Additional Obligations for H-1B Dependent Employers or Willful Violators
(excluding H-1B1 and E-3 nonimmigrants)

The following additional obligations generally do not apply to the employment of exempt H-1B workers or labor condition application(s) (LCA) approved exclusively in support of exempt workers. An exempt H-1B worker is one 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 H-1B employment, and who is or will be employed pursuant to an LCA approved exclusively in support of exempt H-1B workers.

However, no such exemption from these obligations is available for an H-1B worker hired between February 17, 2009 and February 16, 2011 if the employer has received funding under the Troubled Assets Relief Program (TARP) or Section 13 of the Federal Reserve Act.

Recruitment of U.S. workers
This module explains an H-1B employer's obligation to recruit U.S. workers before employing an H-1B worker.

Offer of employment to U.S. applicant
This module discusses an H-1B employer's obligation to offer employment to a U.S. applicant and otherwise avoid employment discrimination based on national origin, citizenship status, and immigration document abuse.

Direct displacement of U.S. workers, secondary displacement of U.S. workers, and secondary displacement inquiry
This module concerns the direct displacement and secondary displacement of U.S. workers, as well as the secondary displacement inquiry that may be required before an H-1B worker can be placed at a secondary employer's worksite.

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H-1B Advisor Glossary of Terms | Wage and Hour Division