U.S. Labor Department

When an H-1B Employer's Wage Obligation Ends

The wage the employer promised. An H-1B employer commits on the labor condition application to pay the required wage, which is the greater of the actual wage paid to others with similar experience and qualifications for the specific employment in question and the prevailing wage for the occupational classification in the area of intended employment, 20 CFR 655.731(a).

By Editorial Team , 18 October 2006

BALCA rules that an employer must state at the BEGINNING of the LABOR CERTIFICATION process if it has MULTIPLE OPENINGS.

On 10/17/06, the U.S. Department of Labor's Board of Alien Labor Certification Appeals (BALCA) issued a ruling in a case, Matter of Custom Landscape Construction, Case No. 2005-INA-181 (10/17/06), in which it addressed the circumstances under which an employer can claim that it actually had MULTIPLE OPENINGS.