Dependent Employer Issues

Handling Matters Involving H-1B-Dependant Employers

The "H-1B-dependant employer" is an employer that has more than a certain number of H-1B employees. This number is calculated using a ratio of the H-1B employees and the U.S. employees in the employer's total workforce. The percentage of the ratio depends on the size of the total workforce.

If you have questions about H-1B-dependant employers, the attorneys at The Law Firm of Shihab & Associates have decades of combined experience in this area. Contact us at (800) 625-3404 for a consultation.

Who Is an H-1B-Dependant Employer?

You are an H-1B-dependant employer if:

  • You have 25 or fewer full-time equivalent employees in the U.S. and you employ more than seven H-1B nonimmigrants
  • You have 26 to 50 full-time equivalent employees in the U.S. and you employ more than 12 H-1B nonimmigrants
  • You have 51 or more full-time equivalent employees in the U.S. and 15% or more of those employees are H-1B nonimmigrants.

If you are an H-1B dependent employer, you are subject to the attestation obligations regarding the displacement of U.S. workers and recruitment of U.S. workers. You must fulfill these additional requirements each time you file a Labor Condition Attestation form (LCA) to support the filing of an H-1B petition.

Attestation Requirements of H-1B-Dependant Employers

You must declare that you have not and will not displace or lay-off a U.S. worker "in an equivalent job" either in your own workforce. You must not displace a U.S. worker within your own workforce by hiring an H-1B worker in an equivalent job in a timeframe starting 90 days before filing the H-1B petition and until 90 days after filing the H-1B petition. You must not place an H-1B employee with another employer in a contract position to perform work unless you have inquired whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker. As an H-1B dependent employer, you are required to make a good faith effort to recruit U.S. workers for the position using industry-wide standards and offering compensation that is at least as great as those offered to the H-1B worker. You must offer the job to any U.S. worker who applies and is equally or better qualified for the job that is intended for the H-1B worker.

Exempt H-1B Workers

An exempt H-1B worker is an H-1B worker 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 employment. If you are an H-1B dependent employer and you employ only exempt H-1B workers on an LCA where you have attested to hiring only exempt workers, you are relieved from the additional obligations (nondisplacement, recruitment, and hiring) with which an H-1B-dependant employer would otherwise be required to comply.

If you have questions about H-1B portability, please contact our Columbus immigration attorneys or call The Law Firm of Shihab & Associates at (800) 625-3404. We serve Columbus Ohio, Cleveland Ohio, Southfield Michigan and Washington, D.C. 


Why Choose Shihab & Associates?

Retaining an Immigration Attorney is an Important Decision
  • Personal and Exceptional Approach to Processing Visas and Working With Our International Clients
  • US Immigration Services Offered in Columbus, Cleveland, Southfield, & Washington DC
  • Technologically Savvy Law Firm with Implementation of Numerous Tools to Deliver Case Progress

Secure an Immigration Attorney Today

Our lawyers will individually and clearly explain the visa or green card process and will simplify the complex procedure in small, easy to understand steps.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy