The U.S. Department of Labor (DOL) building in Washington, D.C. A new DOL memo on employer responsibilities to provide notice of H-1B visa holders at worksites carries the potential to entangle companies in legal trouble. (Photo By Bill Clark/CQ Roll Call) 

A new Department of Labor (DOL) memo promises to complicate operations and bring potentially serious problems to companies that employ H-1B visa holders and place them at client sites. The memo on “Compliance with the H-1B Notice Requirement by Electronic Posting” warns there are new obligations for companies that employ H-1B professionals, particularly businesses in the information technology (IT) services industry.

To better understand the Department of Labor memo and what it means, I interviewed Andrew Greenfield, managing partner of the Washington, D.C. office of the Fragomen law firm.

Stuart Anderson: What are the “notice” requirements for employers of H-1B visa holders in DOL regulations?

Andrew Greenfield: H-1B rules require sponsoring employers to provide employees with notice that it will employ H-1B workers. The notice needs to include information about wages and occupations, the location of the Labor Condition Application (LCA) employers must file with DOL for inspection and how to lodge H-1B-related complaints with DOL.

Under DOL regulations employers may comply with the Notice requirement by providing “notice” to the collective bargaining representative or, if the job is not unionized, then employers may either post paper notices at the worksite or may provide notice electronically. The provision regarding electronic notice was published by DOL in 1998 and makes no reference to internet sites, neither mandating nor prohibiting their use.

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