Agency says new H-1B interpretation of rules could affect staffing firms (US Department of Labor)


The US Department of Labor announced last Friday that it is revising its interpretation of regulations concerning which employers of H-1B visas must file a Labor Conditions Application. It has found that all common-law employers of H-1B workers, including any secondary employers that meet the common-law test, must file a Labor Condition Application. The agency noted that H-1B employment often involves primary employers, such as staffing firms, and secondary employers, such as client companies of staffing firms.

“Under the interpretation announced today, when a primary employer places an H-1B worker with a secondary employer that is a common law employer of the H-1B worker, such as when a staffing agency places a software engineer with certain technology firms, the secondary employer, in addition to the primary employer, must file a petition and an [Labor Condition Application],” according to the Department of Labor. “As a result, some H-1B workers will have multiple [Labor Condition Applications] and petitions concurrently.”