DOL Addresses Compliance with H-1B Notice Requirement by Electronic Posting

On March 15, 2019, the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) which essentially reiterated an H-1B Petitioner’s obligations when using electronic means to make the required notice to all affected employees of plans to hire an H-1B nonimmigrant worker in order to comply with federal law.

The Immigration and Nationality Act (INA) requires that petitioning employers notify all affected workers of the plan to hire a foreign worker under the H-1B visa program. DOL advised that if employers choose to provide this notice through electronic means, they must ensure that all employees truly have ready access to, and are aware of, the notice. 

 An electronic posting must be equally accessible by all employees and must provide uniform access to a page on the employer’s intranet. They must also notify employees of the posting either by posting it on the intranet homepage, electronic bulletin board or by e-mailing a newsletter.

Employers must not post the notice in an electronic location inaccessible to employees. Further, employers must also make sure that third-party workers must also have access to the same electronic system needed to access the notice.

DOL reminded employers that hard copies of notices remain acceptable, as long as they are posted in at least (2) conspicuous places at the work site and design them to be of sufficient size and visibility to ensure that employees can readily read them.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 281-493-5529 or via email at info@montyramirezlaw.com.

Originally published in the M&R Business Immigration Newsletter. Sign up today!