Displacement of U.S. Workers

The Immigration and Nationality Act (INA) provides limited protections against the displacement of U.S. workers by H-1B workers. Displacement under the INA is the lay off of a U.S. worker from a job that is essentially the equivalent of the job for which the H-1B worker is sought in the same area of employment.

All employers are subject to the prohibition against displacing one of their own U.S. workers during the period starting 90 days before and ending 90 days after the filing of an H-1B visa petition or extension in conjunction with a willful violation of any of the provisions pertaining to wages/working conditions, strike/lockout, notification, labor condition application specificity, displacement, or recruitment (20 C.F.R. §655.805(a)(2) through (9)) or a willful misrepresentation of a material fact on the labor condition application (20 C.F.R. 655.805(a)(1)).

Employers that violate these provisions are subject to a super penalty up to $35,000 per violation and a three-year debarment from all immigration programs as well as further administrative remedies.

Employers who have identified themselves or their interests as H-1B dependent employers or H-1B employers who have been determined by final order of the Secretary of Labor to be willful violators will be offered additional modules concerning displacement inquiries, secondary displacement, and the displacement of U.S. workers which encompass much broader protections of U.S. workers found under the Additional Obligations for H-1B Dependent and Willful Violators section of this advisor.

Continue to Enforcement Menu

Return to Worker Protections Menu

Return to Employer Main Menu

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