New Online Tool to Help Understand H-1B Visa Rules

The Department of Labor has issued a series of online employment law advisors to provide guidance to employers and employees on federal employment laws. The most recent “advisor” to be implemented is the H-1B Advisor.

The H-1B nonimmigrant visa classification was created as part of the Immigration and Nationality Act to help U.S. employers hire foreign workers, such as scientists, computer professionals and engineers with areas of specialized knowledge or technical expertise. Those U.S. employers that apply must ensure that the H-1B holders are paid the same as their U.S. counterparts and must prove that there are no qualified U.S. workers that could fill the position. Certain standards have also been established to protect similarly-employed U.S. workers from being adversely affected by the employment of foreign workers under the H-1b program.

The new H-1B Advisor tool focuses solely on compliance with the requirements enforced by the Department of Labor’s Wage and Hour Division. The tool provides detailed information about employers’ and workers’ rights and describes the program’s standards. The H-1B can be found on the DOL’s website at http://www.dol.gov/elaws/h1b.htm.

The DOL has nearly 30 other “advisors” that cover a wide range of topics including minimum wage and overtime, health and retirement benefits and child labor.