DOL Issues H-1B Guidance for ‘Secondary Employers’ of Workers

Companies that receive H-1B visa workers for contracted work will also have to petition for labor certification with the U.S. Labor Department, along with the main sponsoring company, according to new guidance.

The department said Friday that its Employment and Training Administration’s Office of Foreign Labor Certification is revising its interpretation of regulations about which employers of H-1B workers must file a labor condition application to make it “more consistent with the H-1B statute and regulations.”

Going forward, primary employers of H-1B workers who contract those employees to other work sites, such as staffing agencies, as well as any ...