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DOL Issues Bulletin On Compliance With H-1B Posting Requirements When Using Electronic Means

The Department of Labor’s Wage & Hour Division (WHD)

said it has seen a rise in the use of electronic notifications as

workplaces increasingly provide their employees with documents by

electronic means. Among other things, WHD noted, an H-1B petitioner

must notify affected U.S. workers of its intent to hire H-1B

nonimmigrant workers. This notification requirement, commonly

referred to as the notice or posting requirement, informs U.S.

workers of the terms of employment of nonimmigrant workers, the

right of U.S. workers to examine certain documents, and the ability

of U.S. workers to file complaints if they believe that


A new Field Assistance Bulletin (FAB) reiterates an H-1B

petitioner’s obligations when using electronic means to make

the required notice to all affected employees. This includes those

who are employed by a third-party employer.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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