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 the filing of labor condition applications (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 your obligation to recruit U.S. workers before you employ an H-1B worker.

Offer of employment to U.S. applicant
This module discusses your 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 will instruct you about direct displacement and secondary displacement of U.S. workers, as well as the secondary displacement inquiry that may be required before you place an H-1B worker at another/secondary employer's worksite.

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