有关H-1B雇主的须知

之前我们谈到了关于雇主在雇用H-1B人士时支付薪水的注意事项，现在我们再谈谈雇主在有关其H-1B雇员的工作地点， H-1B申请费用以及其它方面需要注意的一些问题： 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. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 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]