For employers hiring professionals from Chile or Singapore under the H-1B1 visa, understanding filing duties and compliance obligations is critical. The H-1B1 visa is simpler in some ways than the standard H-1B, but employers still must follow specific regulatory steps to stay compliant with U.S. immigration and labor laws.
Employer Filing Requirements for H-1B1 Workers
The employer—not the employee—must complete certain filings before the candidate can begin employment. These include:
1. Labor Condition Application (LCA)
Before hiring an H-1B1 employee, the employer must submit an LCA to the Department of Labor.
This confirms that:
- The foreign worker is paid the prevailing wage
- Hiring the worker will not negatively impact U.S. workers
- Working conditions are legal and non-exploitative
The LCA must be approved before the worker can get H-1B1 authorization.
2. Proof of Specialty Occupation
The employer must demonstrate that the job qualifies as a professional-level role requiring a bachelor’s degree or equivalent.
This typically includes:
- A detailed job description
- Degree or credential requirements
- Evidence of the complexity of the work
Vague job descriptions are one of the most common causes of visa delays or denials.
3. Salary Compliance
Employers must pay the H-1B1 worker the required prevailing wage, based on:
- Job role
- Work location
- Industry wage standards
Underpayment or incorrect wage classification can lead to penalties, audits, or revocation of the visa.
Employer Compliance Responsibilities After Hiring
Once the employee begins work, employers must continue to meet compliance obligations.
Public Access File
Employers must maintain a PAF containing:
- The approved LCA
- Wage information
- Documentation demonstrating compliance
This must be available for public review upon request.
Notification Requirements
Employers must:
- Notify workers at the job site about the LCA
- Support USCIS or DOL audits if initiated
Failure to post workplace notices is a common compliance violation.
Material Changes in Employment Status
If anything changes, the employer must take action.
A “material change” includes:
- Job duties significantly changing
- Work location moving
- Salary adjustments falling below prevailing wage
- A transition to a new corporate entity
Often this requires filing a new LCA or new visa petition.
Termination & Employer Obligations
If a company terminates an H-1B1 employee before the end of the authorized term:
- The employer must notify USCIS
- In some cases, cover transportation costs for the employee to return to their home country
Failure to follow termination procedures can lead to legal liability.
Why Employers Trust a Skilled H-1B1 Visa Lawyer
Because the burden of compliance sits largely with the employer, working with an experienced immigration attorney is essential. A lawyer can help ensure:
- LCAs are properly filed
- Wage standards are correctly calculated
- Job descriptions meet regulatory standards
- Compliance documentation is organized and audit-ready
- Filings are done on time with no omissions
Work With an Experienced H-1B1 Visa Lawyer
If your company is considering hiring under the H-1B1 visa, or if you’re a Chilean or Singaporean professional seeking U.S. employment, our team at Maria Fitzmaurice PC provides strategic guidance and filing support to ensure full legal compliance.
📞 Contact us today to speak with an H-1B1 Visa Lawyer and make sure your hiring process meets every regulatory requirement.
