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H-1B Advisor

Public Access

As a worker, you, along with the general public, are entitled to view the following materials that an H-1B employer must make available to the public at its principal place of business in the U.S. or at the place of employment, whichever was designated in Section G of the labor condition application (LCA) (Form ETA 9035/9035E), within one working day of filing an LCA with the DOL:

  1. The LCA.
  2. Wage rate to be paid to H-1B worker.
  3. Full and clear explanation of the actual wage system.
  4. Prevailing wage rate and its source.
  5. Documentation that employer satisfied the notice requirement.
  6. Summary of fringe benefits to firm's U.S. workers and H-1B workers.
  7. In the event of a corporate change: a sworn statement by a responsible official of the new employing entity that it accepts all obligations, liabilities, and undertakings under the LCAs filed by the predecessor employing entity, together with a list of H-1B workers transferred to the successor entity, each affected LCA number and its date of certification, a description of the successor entity's actual wage system, and the Employer Identification Number (EIN) of the new employing entity.
  8. List of entities included as a "single employer" under the Internal Revenue Code.

In addition, an H-1B dependent employer and/or willful violator must make the following materials available to the public at its principal place of business in the U.S. or at the place of employment within one working day of filing an LCA:

  1. List of exempt H-1B workers.
  2. Summary of recruitment methods of U.S. workers and time frames if employer sought or hired "non-exempt" H-1B workers.

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