Sponsoring H-1B workers isn't just about filing I-129. Employers take on ongoing legal obligations, wage floors, fee payments, return transport, and amendment filings. Failing any one can mean debarment.
Before filing any H-1B petition, the employer must obtain a certified LCA from DOL. The LCA requires attestations about wages, working conditions, and lack of a labor dispute. This must be filed through the FLAG system at flag.dol.gov.
The employer must pay: base filing fee ($730), ACWIA training fee ($750 for companies with <25 employees, $1,500 for 25+), fraud prevention and detection fee ($500), and the asylum program fee ($600 for most employers). Premium processing ($2,805) is optional.
The employer must pay the higher of: (a) the prevailing wage for the occupation and location from DOL, or (b) the actual wage paid to other workers in the same position. This wage must be maintained for the entire authorized period, including any bench periods.
Before the LCA becomes effective, the employer must post a Notice of LCA Filing for 10 consecutive business days at the worksite. Electronic posting is allowed if the employer normally communicates work notices electronically.
A Public Access File containing the certified LCA, prevailing wage documentation, actual wage documentation, and other required records must be maintained at the worksite. It must be available for inspection upon request.
Any material change in the H-1B worker's job title, duties, salary (below LCA wage), or worksite location requires filing an amended I-129 petition with USCIS before the change occurs.
If the employer terminates an H-1B worker before the end of the authorized period, the employer must pay the reasonable cost of return transportation to the worker's last country of residence. This applies even if termination is for cause.
When an H-1B worker's employment ends (resignation, termination, or layoff), the employer must notify USCIS so the petition can be revoked. Failure to notify can create liability if the worker is found unauthorized.
Employers must retain I-9 records for 3 years from hire or 1 year from termination, whichever is later. I-9 records must be produced within 3 business days of an ICE Notice of Inspection.
FDNS site visits and DOL compliance audits are authorized by law. Employers must cooperate, produce the Public Access File, and allow officers to interview H-1B workers.
| Violation | Penalty |
|---|---|
| Willful LCA violation | Civil penalty up to $35,000 per violation + back wages + 3-year debarment |
| Misrepresentation on LCA/petition | Criminal prosecution possible; permanent debarment |
| Failure to pay required wages | Back wages (3-year lookback) + $1,000–$10,000 per violation |
| Failure to pay return transportation | Subject to private lawsuit by worker |
| Failure to maintain Public Access File | Up to $1,000 per violation |
| Displacement of US workers | Debarment + civil penalties if subject to non-displacement attestation |
Sumit tracks H-1B employer obligations and DOL enforcement, helping US companies understand their legal responsibilities as H-1B sponsors and avoid costly compliance failures.