DOL releases guidance on H-1B notice by electronic posting

The Department of Labor (DOL) has posted guidance for employers on compliance with H-1B notice requirements by electronic posting, including the steps H-1B petitioners must follow when they place H-1B employees at third-party worksites.

The four-page bulletin says that H-1B petitioners must make the notice available to affected U.S. workers at third-party sites, including those who are not employed by the petitioner. Petitioners must also provide information about the location of the electronic posting. “If the H-1B petitioner informs the affected workers at the third-party site of the location of the electronic notice for their worksite, and the affected workers are able to determine which electronic notice applies to their worksite, the H-1B petitioner has complied with notice requirements,” the bulletin says.

BAL is continuing to review the guidance and will provide employers with additional analysis as necessary.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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