Responsibilities of Parties in Employment-Based Petitions

Employers are required to abide by the terms of the petition filed for foreign workers. This includes having a bona fide job offer and the ability to comply with the wages certified by the U.S. Department of Labor and paying the fees that employers are responsible for, according to government directives.

In the case of H-1B workers, the employer must abide by the terms of the certified labor condition application. The employer is also mandated to keep a public access file for H-1B professionals who are offered to work in specialty occupations. Employers must also meet document retention requirements in order to avoid any sanctions.

When sponsoring a foreign worker for a green card (lawful permanent residence), employers must interview applicants who respond to the advertising during the recruitment phase of labor certification process and retain documents for years.