H-1B Dependent Employer
An employer whose H-1B workers make up 15% or more of its total workforce, subject to additional requirements including offering positions to equally qualified U.S. workers first.
How It Works
H-1B dependent employers face stricter rules under the Immigration and Nationality Act. They must attest on the LCA that they have not displaced and will not displace U.S. workers with H-1B workers, and that they made good-faith efforts to recruit U.S. workers before hiring an H-1B worker. These additional attestations do not apply to H-1B workers who are paid at least $60,000 or hold a master's degree or higher. Many IT staffing and consulting firms are H-1B dependent. The threshold varies by company size: 15% for employers with 51+ workers, 25% for 26-50 workers, and specific counts for smaller employers.
Related Terms
- Labor Condition Application (LCA), A DOL-certified form that employers must file before hiring an H-1B worker, attesting they will pay at least the prevailing wage and not adversely affect working conditions for U.S. workers.
- H-1B Visa, A nonimmigrant work visa allowing U.S. employers to hire foreign workers in "specialty occupations" that require at least a bachelor's degree, the primary visa for skilled tech, engineering, and professional workers.
Explore H-1B Data
About This Definition
This definition is part of the H1BVisaTracker H-1B Visa Glossary, 26 terms explaining H-1B sponsorship, work visas, and employment-based immigration in the United States. Written for international workers, employers, and immigration professionals.