GLOSSARY

H-1B Dependent Employer

An employer that has a high ratio of H-1B workers to total employees, triggering additional obligations.
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About H-1B Dependent Employer

<p>An employer is considered <b>H-1B-dependent</b> if H-1B holders make up a certain percentage of its workforce (for example, >15% if they have 50 or more employees, with smaller companies having different thresholds).</p><p>These employers, when filing H-1Bs, have to make extra attestations on the LCA:</p><ul><li>That they did not displace U.S. workers</li><li>That they made good faith efforts to recruit U.S. workers first</li></ul><p>Unless the H-1B worker is paid $60k+ or has a master's (exempt category defined by ACWIA). It's meant to discourage heavy reliance on H-1Bs, though in practice many companies fall below the threshold or use the exemptions.</p>

CATEGORY

Compliance

KEYWORDS

H-1B dependent, workforce ratio, non-displacement, ACWIA, attestations, compliance

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