H-1B
Information and Forms
for the Departments
Funding Information
According to Federal Regulations the Employer is also obligated to pay "at least the Actual Wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the Prevailing Wage level for the occupation in the area of employment, whichever is higher."
Department of Labor Requirements :
The university must also certify that the following conditions have been met.
- The employment of the H-1B nonimmigrant will not adversely affect the working
conditions of employees similarly employed in the area.
- On the date that the application to the Department of Labor is signed
and submitted, there is not a strike, lockout, or work stoppage at the place of employment.
- A copy of the application has been or will be provided to each H-1B nonimmigrant.
- A notice of filing has been posted and was, or will remain, posted for 10
working days in at least two conspicuous locations where the H-1B nonimmigrant will be employed.
Violations and Penalties Under Federal Regulations
The Labor Condition Application (LCA) and the H-1B petition require attestations that may subject the University to various penalties. Any aggrieved person or organization may file a complaint during the LCA procedure. Therefore, supporting documentation for the LCA must be kept on file and must be available for investigation. Failure to meet a condition in the LCA may result in the following.
- Monetary penalties up to $1000 per violation.
- Employers being barred from filing applications or attestations with the Department
of Labor to employ aliens on either a temporary or permanent basis.
- Employers ordered to provide for payment of back wages.
It is extremely important that the department does not misrepresent any fact or situational development. It is the responsibility of each department to notify the ISC in advance if any conditions of employment change at any time so that we may notify the proper government agency. In the event that Kansas State University is audited by the Department of Labor, the ISC is not responsible for any misinformation provided by Department sources.
Departmental Checklist
- Read, complete and sign the Prevailing Wage Worksheetand the Actual Wage Determination.
- Letter of offer from hiring authority to individual.
- Copy of the job posting.
- Prepare the Departmental Sponsorship Letter addressed to the USCIS and send signed original to the ISC. The letter should be written by the department chairperson. This letter describes the job to be performed and the requirements of the job in terms of experience and education. This letter should indicate why an individual with a degree is needed to do the job. Additionally, it should detail the qualifications of the foreign national selected for the position, describing the education, experience, etc. to show that the individual has the credentials needed for the job. The letter should also document the terms of employment (job title, salary, etc.) Click here for a sample letter in Rich Text Format.
- Post the Labor Conditions Application in a public area of the department when requested by the ISC. The ISC will provide this form to you at the appropriate time.
- Changes in employment: If ANY substantial changes in the H-1B visa holder's employment occur (such as location, duties, title, salary, termination, etc), it is the responsibility of the Department to inform our office immediately. Federal regulations require the employer to notify USCIS in advance of such changes
The department will be responsible for the cost of the postal fees required to mail H-1B petitions to USCIS, and if necessary, to the beneficiary, if the beneficiary is applying for a visa. In most cases, the petition will be mailed via certified mail for tracking purposes, although in some cases it may be necessary to send via FedEx or Express Mail.