If the employer falls within one of the following conditions, it is considered to be an "H-1B Dependent Employer", and additional attestations must be provided.

Additional Attestations for H-1B Dependent Employers:

• Attest that the employer will not displace US workers at its job site, or at its vendor's job site [655.738(e)]
• Require to conduct recruitment efforts before hiring H-1B workers [655.739(i)]

The H-1B Dependent Employer however may be able to opt out in complying with H-1B dependency clause if the H-1B worker whom the Employer will hire will receive $60K, or has a MS degree in the field related to the position being sponsored.

• H-1B visa petition is treated as an at-will employment, unless the parties independently enter into an employment contract to specify otherwise. An employer may terminate H-1B sponsorship at any time as it sees fit. However, such termination prior to the expiration of the H-1B authorized period will require the employer to furnish an airline ticket (transportation cost) to send the H-1B worker to his/her home country. If the H-1B worker transfers to another employer, quits the job, or changes status, the employer would no longer be obliged to be responsible for the transportation cost.
• The H-1B Worker can only be employed in the area as specified in the LCA.
• In the event that you need to send the H-1B worker to any unspecified job site(s) for over 30 days in a given year, you must file a new LCA and therefore an amended H-1B visa petition with the USCIS to update his/her job site(s) - which may result in an increase of his/her wage rate to reflect the prevailing wage rate for that job site.
• If you do send the H-1B worker to other unspecified job site(s) for less than 30 days per year, the company must be responsible for lodging and other travel related expenses.
• The H-1B worker must be paid at the rate of no less than what the visa petition has stated, regardless whether s/he is in a productive or benching status.
• Maintain a public access file which contains information to show compliance in
  • Wages;
  • Working conditions;
  • No strike;
  • Posting notice.
• Keep a copy of the certified LCA in the public access file.
• If corporate merger or acquisition occurs, a new LCA will not be required provided that the successor entity, prior to the continued employment of the H-1B worker, agrees to assume the predecessor entity's obligations and liabilities under the LCA. The agreement to comply with the LCA for the future and to any liability of the predecessor under the LCA must be documented with a memorandum in the public access file.
• You must file an extension petition with the USCIS to extend the H-1B worker's H-1B visa status within 6 months prior to the expiration of the authorized period of stay (unless the H-1B worker already used up 6 years of H-1B employment).
• If there are any changes in the terms and conditions of the employment (excluding increase of the salary), an amended H-1B visa petition must be filed.
• If the H-1B worker chooses to travel abroad, s/he may be require to apply for an H-1B visa from a US consulate before s/he is to return to the U.S.
• Attorney's Fee: The employer cannot recover the attorney's fee and costs from the H-1B worker if such reimbursement will render the H-1B worker's wage rate below the higher of the Actual Wage Rate or the Prevailing Wage Rate (The employer cannot under any circumstances recover $1,000 filing fee)

The H-1B Dependent Employer however may be able to opt out in complying with H-1B dependency clause if the H-1B worker whom the Employer will hire will receive $60K, or has a MS degree in the field related to the position being sponsored.

The Department of Labor may randomly audit the documents for regulatory compliance. If violations are found, the DOL may order:

• Pay back wages and fringe benefits
• $1,000 to $35,000 per violation, depending upon what provision of the regulation was violated.