Attorney Ekaterina Powell from our office wrote this great article on maintaining H-1B compliance procedures by employers.
If you are an H-1B employer, you need to be familiar with the H-1B regulations and Labor Condition Application (LCA) compliance procedures. Each employer petitioning for an H-1B worker has to file a Labor Condition Application, containing a number of employer’s attestations, which each employer has to abide by. The penalties for LCA violations are severe, ranging from payment of back wages and civil money penalties to debarment from the H-1B program.
Many employers filing H-1B petitions are unfamiliar with the compliance measures that can, unfortunately, lead to employer’s sanctions.