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Withdrawn :updaated : DOL requires end clienttt to fileee llllcccaa n hh11bb as weell


cloud

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https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/DOL-ETA_OFLC_Clarifying-Guidance_H-1B-Secondary-Employers_FINAL.pdf

 

https://www.dhs.gov/sites/default/files/publications/21_0115_uscis_strengthening-final-rule.pdf

 

Not only LCA , now USCIS says end client should also file h1b petition 

 

from the new definition of the employment relationship, coupled with the existing requirement of 8 C.F.R. § 214.2(h)(2)(i)(C), it necessarily follows that in cases where both a primary employer and a third-party employer have an employment relationship with an H-1B worker preforming work at the third-party employer’s jobsite, both employers will be required to file a petition for that worker.

 

update

both the rules are withdrawn now . DOL rule is withdrawn now and uscis did not published the draft in federal register . 

 

 

 

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"OFLC understands that many H-1B employers may need to examine their practices in light of this interpretation. Accordingly, to provide time for employers to become familiar with the interpretation and the accompanying guidance issued by the Wage and Hour Division, and in order to prevent this interpretation from being unnecessarily disruptive, secondary employers that meet the common-law test need not file LCAs until 180 days after the publication of this guidance, or July 14, 2021."

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1 minute ago, Tesla_Elon said:

Asalu ahh link lo client letter kavali ani ekkada undi he talking about secondary employers which i did not understand..

secondary employer = client

"While the primary employer typically serves as the H-1B worker’s employer for payroll and tax purposes, the secondary employer often exercises considerable control over the worker’s day-to-day work"

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Just now, r2d2 said:

secondary employer = client

"While the primary employer typically serves as the H-1B worker’s employer for payroll and tax purposes, the secondary employer often exercises considerable control over the worker’s day-to-day work"

I guess primary vendor. Kani vallu client letter ivvali danthone LCA approve chestham ani ekkada undi.

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Just now, snoww said:

Client kooda h1 lca file seyyali antunnaru document lo if they are responsible employer employee relationship. Not sure if both mesthris and end clients have to file. 

Edo oka loophole vethukutharu le mesthris. 

Thats exactly what i understood from it.. client or primary vendor if u have multiple layers in btw

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  • cloud changed the title to Withdrawn :updaated : DOL requires end clienttt to fileee llllcccaa n hh11bb as weell

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