H1B Employer Compliance Checker

A certified LCA is on file for each H1B employee at each work location.

LCA must be certified by DOL before I-129 is filed. One LCA per MSA/worksite.

H1B employees are being paid at least the higher of the actual wage or prevailing wage listed on the LCA.

Paying below the LCA wage, even by $1, is a federal wage violation. Back wages + debarment risk.

H1B employees continue to be paid during non-productive time (unless voluntarily absent or due to employee's personal situation).

Benching (placing H1B workers on unpaid status while waiting for client work) is illegal. Full salary must be paid during "non-productive" time for employer-caused reasons.

A Public Access File (PAF) is maintained for each H1B employee and available for public inspection.

PAF must include: LCA, wage determination, copy of DOL notice, documentation of actual wage system. Keep for 1 year after end of employment.

LCA wage notice was posted at all worksite locations (or electronic notification sent) for 10 consecutive business days.

Notice must be posted at the worksite (or provided to the employee's bargaining rep) before and during the period of H1B employment.

All H1B approvals, I-797 notices, and I-94s are stored securely and accessible.

Required for audits, renewals, and transfer filings.

Material changes to employment (location, duties, salary, hours) are evaluated for H1B amendment requirements before implementation.

A change from one MSA to another requires filing an amended I-129 with a new LCA before the change. Failure = status violation.

H1B extensions are filed at least 6 months before the petition expiry.

Filing within 6 months allows 240-day rule protection. Late filing can create unlawful presence for the employee.

When an H1B employee is terminated, USCIS is notified and the employee is offered return transportation to their home country.

Employer must notify USCIS of termination by withdrawing the petition. Must offer a reasonable cost of return transportation. Failure = continued liability for back wages.

Terminated H1B employees are not asked to repay USCIS filing fees as a condition of termination.

Employers cannot recoup I-129 base fee, ACWIA fee, or fraud fee from employees. Premium processing fees CAN be recouped if the employee specifically requested premium.

Payroll records for all H1B employees are maintained for at least 3 years.

DOL WHD audits can request records going back 3 years. Payroll must show actual wages paid.

H1B employees have not been charged impermissible fees (I-129 base fee, ACWIA, or fraud fee).

INA prohibits charging employees the I-129 base fee, ACWIA, and fraud prevention fees. Only premium processing can legally be charged to employees.

If H-dependent or willful violator: US workers were not displaced 90 days before or after H1B filing.

H-dependent employers (25%+ H-1B workforce) must attest no US worker displacement. Applies per-petition.

If H-dependent or willful violator: good faith efforts were made to recruit US workers first.

Recruitment attestation required for H-dependent employers. Document recruitment activity.