September 25, 2012 Articles

Harsh Rulings Against H-1B Employers For LCA Violations

Willful violations and even careless mistakes can result in the award of back pay to the foreign-national worker.

By Anthony F. Siliato and Scott R. Malyk – September 25, 2012

Despite its drawbacks, the H-1B visa classification is, by far, the most sought-after temporary work visa in the United States for foreign-born professional workers. The H-1B category requires sponsorship by a U.S. employer and is limited to “specialty occupations” that generally require the candidates hold at least a bachelor’s degree (or an equivalent combination of education and/or experience) in a relevant discipline. H-1B petitions are filed with the U.S. Citizenship and Immigration Services (USCIS), a branch of the Department of Homeland Security.

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