New H-1B Regulations Issued by Dept. of Labor

The Department of Labor has issued new H-1B regulations. These regulations are extremely lengthy and complex. They are generally effective January 19, 2001. Topics covered  by the new regulations include the following:

• A new 3-page LCA. After January 19, 2001, no other LCA form will be accepted.
• Complex new provisions for travelling employees working outside their LCA geographical areas. In some instances, travelling employees may work up to 60 workdays in a year without a new LCA.
• New provisions for determining prevailing wages, including the application of the Service Contract Act to computer occupations.
• New provisions for posting LCA notices, including a requirement for posting at third-party worksites.
• Tough interpretation of anti-benching requirements.
• Provisions to ensure equalization of fringe benefits.
• Prohibition on payment of attorney fees by H-1B employees, if such payment would reduce the wage below the prevailing wage or actual wage.
• "Transfer" H-1B's may not begin work upon filing of a new petition unless the petition is supported by a certified LCA.