Global Investor Visa

What are the reporting requirements for employers sponsoring foreign workers?

To ensure compliance with reporting requirements for sponsoring foreign workers, employers must follow these key steps:

  1. File the appropriate petitions: Employers must  submit the required petitions, such as the I-129 form for non-immigrant workers like those on H-1B visas or the PERM labor certification for those seeking permanent residency. 
  2. Maintain a public access file: For H-1B and other similar visa categories, employers are required to maintain a public access file containing documents like the labor condition application (LCA). This file must be made available for inspection by the department of labor (DOL). 
  3. Report material changes: If there are any significant changes to the foreign worker’s job, such as changes in job duties, work location, or salary, the employer must notify the appropriate authorities like USCIS to keep the worker’s visa status in good standing. 
  4. File annual reports: In some visa categories, such as the H-1B, employers may need to file annual reports with the department of labor to confirm continued compliance with wage and working condition requirements. 
  5. Adhere to wage reporting requirements: Employers must ensure they are paying the foreign worker the required wage as listed in the LCA. Employers should keep records to show compliance with wage and hour laws and submit this information if requested by authorities. 
  6. Timely renewal or extension filings: Employers are responsible for tracking the expiration of foreign workers’ visas and ensuring timely filing for renewals or extensions, so the workers’s legal status remains valid. 

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