THE EMPLOYER:

Filing the L.C.A. places legal obligations on the employer which include the maintenance of accurate records.  Upon request the employer must provide these records to the Wage and Hour Division of the Department of Labor.  Usually, the Firm maintains copies of all records and acts as the liason between government authorities and the employer client.  

The employer must notify all other employees of the prospective position by posting a copy of the L.C.A. in two conspicuous places at the work site. These places include common meeting rooms and break-rooms.

The employer must accurately maintain records of the the wages paid to the H-1B employee and wages paid to similarly situated employees. In addition, the employer must maintain records on how it determined the prevailing wage for the position. 

If an employer fails to document the basis for the prevailing wage determination or fails to maintain the required documentation, the employer may be liable for substantial penalties including fines up to one thousand dollars per violation. Other penalties include a one-year H-1B filing prohibition. 

The filing of the H-1B petition places an important financial obligations on the employer.  The employer is obligated to pay the cost of return transportation for any employee terminated prior to the expiration date of the H-1B visa. 

EMPLOYEE:

The main responsibility of the employee is to prove she is qualified to receive the H-1B visa. The employee must prove her foreign university degree is equivalent to a U.S. bachelor's degree or higher. This burden is usually handled by the Firm through a host of reputable third party contractors.  

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