Immigration Blog

How to Avoid Willful violator and Debarred H-1B Employers

By Bill at July 09, 2014 01:40
Filed Under: Tips and Features, Visa Knowledge

Before applying for visa jobs, you should know whether the employers are willful violator employers or H-1B Dependent Employers or Debarred/Disqualified Employers!

Willful violator employers are the employers who have committed either a willful failure or a misrepresentation of a material fact when hiring foreign workers.

An employer is considered H-1B dependent if it has:

  • 25 or fewer full-time equivalent employees and at least eight H-1B nonimmigrant workers; or
  • 26 - 50 full-time equivalent employees and at least 13 H-1B nonimmigrant workers; or
  • 51 or more full-time equivalent employees of whom 15 percent or more are H-1B nonimmigrant workers.

Both willful violator employers and H-1B dependent employers must comply with additional attestations when filing Labor Condition Applications(LCA) for H-1B Visa. So it is very important for you to know if an employer is on the lists.

With our new database engine, you can now search all LCA filed by either willful violators and/or H-1B dependent employers. Believe it or not, those employers have filed over half a million LCA since 2011!

There is another list called Debarred/Disqualified Employers who have been debarred/disqualified from approval of petitions for nonimmigrant visa. It is a good habit if you bookmark and check the list every month!

The employers are always looking for skilled workers, make sure you polish your resume and update your career profiles regularly.