有關H-1B雇主的須知

之前我們談到了關於雇主在雇用H-1B人士時支付薪水的注意事項，現在我們再談談雇主在有關其H-1B雇員的工作地點， H-1B申請費用以及其它方麵需要注意的一些問題： As was previously discussed last week, the employer has several continuing obligations once the initial H1-B approval has been received. This is a list of some of those obligations: New Work Site Assignment If the beneficiary is assigned to work sites not listed on the original Labor Condition Application, additional steps must be taken. These steps must include a new posting at the additional work site or the filing of a new Labor Condition Application (with a new prevailing wage determination, actual wage calculation, and posting), depending on whether the new work sites are within an area of employment listed on the original Labor Condition Application. The United States Citizenship and Immigration Service (USCIS) must approve any material changes in the employment described in the H-1B petition through the filing of an amended petition. The USCIS interprets assignment to additional work sites requiring a new Labor Condition Application to be a material change requiring the filing of an amended petition. Public Inspection File The employer also has an obligation to produce its Labor Condition Application documentation to any requester (the public inspection file) or to the Department of Labor (all documentation). The Department of Labor may investigate the employer’s Labor Condition Application either based on a complaint from an "aggrieved" party or based on its own initiative. A Department of Labor finding that an employer has violated the Labor Condition Application requirements, such as through "willful" failure to pay the required wage rate or "substantial" failure to post a notice of the Labor Condition Application filing, could result in penalties including a $1,000 fine per violation, payment of back wages, and debarment from filing Labor Condition Applications or permanent labor certifications, or obtaining approval of H, L, O, and P nonimmigrant or employment-based immigrant petitions for at least one year. Beneficiary Return Transportation The employer has an obligation to pay the costs of return transportation for the beneficiary if his or her period of employment is terminated prior to the expiration date of her status. The United States Citizenship and Immigration Service expects the employer to meet this obligation, although it does not directly verify compliance. Payment of all filing and legal fees Finally, please note that generally speaking USCIS expects that employers pay for all filing and legal fees related to the acquisition of an H1B visa, because this visa belongs to the employer. Specifically, employers are required to pay the ACWIA Training Fee (which is $750 if the organization employs less than 25 people and $1500 if it employs 25 people or more) and can be held liable for fines if it is discovered that the employer has not paid or reimbursed the employee for that fee. Furthermore, employers are prohibited from seeking reimbursement from the employee for the Fraud Prevention Fee of $500 and the ACWIA Training Fee of $750/$1500. Should the employer opt not to pay the legal fees associated with the filing of an H1B petition, the total amount of the fees must be deducted from the employees wage before a prevailing wage determination is made. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]