H-1B Dependent Employers
Employers that are considered H-1B dependent have additional obligations with regards to their H-1B and U.S. workers. An H-1B dependent employer is generally one in which H-1B employees comprise 15% or more of the total workforce, but the calculation is different for employers with 50 employees or less. H-1B dependent employers must adhere to the following additional obligations:
- The H-1B employer will not layoff any similarly employed U.S. worker 90 days before or after applying for H-1B status, or an extension of status for any H-1B worker;
- The H-1B employer will not place any H-1B worker at the worksite of another employer that has laid off similarly employed U.S. workers 90 days before or after the placement of the H-1B worker; and
- The H-1B employer will take good faith steps to recruit U.S. workers for the H-1B job and will offer the job to any U.S. applicant who is equally or better qualified than the H-1B worker.
If an H-1B dependent employer hires only H-1B workers that possess a Master's degree or higher and are paid a minimum of $60,000 annually, the H-1B dependent employer is exempt from the additional obligations described above. It is important to note, the Employ American Workers Act categorizes all employers receiving TARP funding as H-1B dependent and requires them to fulfill the additional obligations placed upon H-1B dependent employers for any new H 1B hires.