Avoiding Liability in H-1B Cases
Center for Continuing Education

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Avoiding Liability in H-1B Cases

(1.0 hour)

Robert G. Werner, Esq.
and
James A. Bach, Attorney at Law

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. In this program the speakers, each certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Immigration and Nationality Law, examine the key question in H-1B cases: is the H-1 worker being paid the proper wage?
Using current case examples, they examine "required wage" for the job, advise how to obtain prevailing wage determinations from the Department of Labor or from Foreign Labor Certification Data Center Online Wage Library, and discuss how the company can establish that the wage offered to the H-1B worker is at least equal to the "actual wage" paid to individuals with similar qualifications and experience in the job.
The speakers review the requirements for preparing and filing the Labor Condition Application (LCA), Public Access File ETA 9035CP. They then compare attorney and client liability and the need for the attorney to provide sufficient information to the employer. A review of an actual Audit letter from the Department of Labor helps bring home many of the points discussed throughout the program.

This program is approved by for 1.0 hour of Legal Specialization Credit in Immigration & Nationality Law. (The program may also be used for general MCLE credits).

MATERIALS

Detailed three-page outline with case and statutory citations.
News Release announcing the large settlement between Prince George's County Public Schools and the Department of Labor over Labor Condition Application violations:
Reviewed in class.
Department of Labor letter notifying a company of an LCA audit, reviewed in class

ONLINE MATERIALS

Foreign Labor Certification Data Center Online Wage Library
16 possible violations listed at 20 CFR 655.805.
H-IB Visa Statistical Information.

Available as DVD Program #196 (DVD) $49, 1.0 hour To order "Avoiding Liability in H-1B Cases," click here.

To watch a 19-minute excerpt of this program on YouTube, click here.

CCE is a State Bar of California MCLE approved provider.

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