H-1B approvals & responsibilities

Once an H-1B petition is approved by USCIS, the sponsoring employer has several responsibilities. There are also some important things to keep in mind, as there may be additional action required if there is a change in circumstances. 
 

 

Employer's Responsibilities

  • Our office will issue you a complete copy of the petition along with a copy of the approval notice. Keep these documents in the employee's personnel file, as they provide proof of employment authorization.
  • The employer MUST comply with the terms and conditions of the Labor Condition Application (LCA). Failure to comply with the terms and conditions of the LCA may subject the employer to back pay, penalties, and debarment for the LCA and H-1B programs. 
  • If any significant changes occur in the employee's job, salary, or work location during the period of employment, please let us know. It may be necessary to file an amended petition. 
  • If the employment relationship ends for any reason prior to the end date listed on the approval notice, notify us as soon as possible. If the employee is terminated, USCIS requires H-1B employers to give clear notification to the employee, and the employer must offer to pay return transportation. Do not stop paying the employee, or reduce wages, without conferring with us.

 

Notices for Employer

  • The employee is only authorized to work during the period indicated on the H-1B approval notice. 
  • The Office of Fraud Detection and National Security (FDNS) has increased the number of unannounced site visits to employers who participate in the H-1B program. Please see our website for more information.
  • In many cases employers have the option of initiating a permanent residence application. If you would like to discuss this option, please contact our office. 



As always, do not hesitate to contact us if you have any questions or concerns.

The purpose of the Curran & Berger LLP website is to provide general information about our firm and to identify current legal issues that may be of interest to you. The website and the materials included herein are not intended to advertise our firm’s services, to solicit clients or to provide legal advice. Any information provided on this website is not intended and should not be taken as legal advice or as legal opinion. The use of the information provided in this website should not be taken as creating an attorney-client relationship between Curran & Berger LLP and the reader or user of the information. While we intend to make every effort to ensure that all information on the site is accurate, we do not make any representation or assume liability for the content, accuracy, timeliness, completeness or other aspect of the information provided.