Responsibilities of U.S. Employers Sponsoring H-1B Visas

Hiring on an H-1B can feel like juggling forms, wage rules, and constant updates. At N400 Harbor Immigration Law in Pompano Beach, we assist companies across the U.S. in filing strong cases and adhering to the rules that protect both the business and the worker. Our goal here is simple: give you a clear picture of what employers must do under the H-1B program. This article is educational, not legal advice. For guidance on your facts, talk with an immigration attorney.

H-1B Visa Program: An Introduction for Employers

The H-1B lets U.S. employers hire foreign professionals in particular occupations. The job must require a body of focused knowledge and a bachelor’s degree or the equivalent. That education piece is not just a nice to have, it sits at the heart of eligibility.

To protect U.S. workers and H-1B workers, employers must meet wage, notice, and working condition standards. Those standards show up in filings with the Department of Labor and U.S. Citizenship and Immigration Services. Missing them can trigger fines or worse.

With that foundation in place, let’s walk through what you need to do from start to finish.

Main Employer Responsibilities in the H-1B Visa Process

These duties start before you file the petition and continue through the entire period of H-1B employment. Getting them right from day one saves time and money later.

Labor Condition Application (LCA) Requirements

Before filing the H-1B petition, you must obtain a certified Labor Condition Application from the Department of Labor. The LCA is filed on Form ETA-9035E and must match the actual job, worksite, and wage. Without a certified LCA, the USCIS will not approve the petition.

On the LCA, you attest to several items that protect workers. These include wage promises, fair conditions, and that there is no strike or lockout at the job location.

• Pay at least the higher of the actual wage for similar staff at your company or the prevailing wage in the area of employment.
• Offer working conditions that do not harm similarly employed U.S. workers.
• Confirm there is no strike, lockout, or work stoppage in the occupation at the site.
• Provide notice of the LCA filing to workers, either by physical posting or electronic notice.

You must post the LCA notice at each worksite where the H-1B employee will work. For remote teams, electronic posting through an intranet or direct email to affected employees is acceptable under DOL guidance, as long as it reaches the people who would have seen a wall notice.

With the LCA certified, the next big topic is pay and benefits.

Wage and Compensation Obligations

Federal rules require the “required wage,” meaning the higher of the company’s actual wage for similar roles or the prevailing wage in the area (see 8 CFR §214.2(h)(4)(iii)(A)). Use reliable sources for the prevailing wage, then document how you got there. Keep that backup in your files.

H-1B workers must get benefits on the same basis as U.S. workers, like health plans, retirement, and other perks. Different treatment by labeling the role as “temporary” is not allowed.

Pay must continue during non-productive time caused by the employer, sometimes called benching. If the employee asks for personal leave, normal leave rules can apply, but do not suspend pay just because there is no project.

The wage rules can get technical, so here is a quick comparison.

Wage offers should match what you will actually pay on payroll, including raises as needed when roles evolve or the worker moves to a higher-cost location.

Maintaining Legal Compliance and Notifying Government Agencies

Material changes trigger action. If job duties shift, salaries change in a way that undercuts the required wage, or the worksite moves outside the area on the LCA, you likely need a new LCA and an amended H-1B petition.

Common changes that call for attention include:

• New or expanded job duties that change the occupational classification.
• Worksite changes outside the same metropolitan statistical area, including long-term remote work from a new city.
• Salary reductions or hours cut that affect the required wage.

For remote work, if the home address sits inside the same MSA listed on the LCA, an amendment is usually not required, though notice posting is still needed. If the employee moves outside that MSA, file a new LCA and submit an amended petition before work starts at the new location.

If employment ends, notify the USCIS to withdraw the petition and update the DOL. Keep proper I-9s for every hire, reverify when needed, and store records as required. I-9 penalties can be steep, including fines per form, so a routine audit of your I-9s is smart business.

With notices and amendments handled, a few other duties round out compliance.

Other Key Obligations

If you end the H-1B worker’s employment before the authorized period, you must pay the reasonable cost of a one-way ticket to the last country of residence. This obligation applies when the employer initiates the separation. If the worker resigns, this cost does not apply.

Working conditions must not harm similarly employed U.S. workers. Maintain fair schedules, safe conditions, and give the same access to breaks, facilities, and policies that apply to the team.

Consequences of Non-Compliance

H-1B violations can lead to back wage orders, civil fines, and even debarment from filing future cases. The Department of Labor can investigate complaints and, for willful violator employers, conduct random investigations for up to five years. No one wants to land on those lists or face public posting as a violator.

Beyond payroll and posting, you must keep a public access file for each LCA. This file is separate from personnel files, and it must be available on request.

Keep payroll records and hours, where relevant, for three years since the DOL can request them to test your actual wage claims. A short internal checklist helps your team keep these items tidy.

H-1B Visa Cap and Lottery

Most H-1B cases are subject to an annual cap. Employers submit electronic registrations, then the USCIS selects unique beneficiaries when demand exceeds the quota. If picked, you file the full petition within the stated window.

Recent policy moves matter here. The USCIS adopted a beneficiary-focused selection to cut down on duplicate entries, and there has been talk of a wage-based selection model in rulemaking. There was also a 2025 presidential proclamation reported by agencies that added a large supplemental payment to certain new H-1B filings, with narrow exceptions, so it is smart to check the USCIS and DOL updates before filing.

Cap-exempt employers, like many universities and research groups, can file any time. If you shift from cap-exempt to cap-subject work, new registration and selection are required before filing.

Need Assistance with H-1B Visa Compliance? Contact N400 Harbor Immigration Law Today

N400 Harbor Immigration Law helps employers build strong H-1B cases and keep their records in order on wage rules, postings, notices, and amendments. We work with startups, hospitals, school districts, and tech teams nationwide, and we take pride in clear timelines and practical action plans.

Have questions on a worksite change, remote setup, or a reduction in force that touches H-1B roles? Feel free to call us at 786-755-1210 or reach us through our website to set up a consultation. We welcome your questions, and we will work to protect your company, your team, and your long-term hiring goals.