The Department of Labor's Wage & Hour Division (WHD)
said it has seen a rise in the use of electronic notifications as
workplaces increasingly provide their employees with documents by
electronic means. Among other things, WHD noted, an H-1B petitioner
must notify affected U.S. workers of its intent to hire H-1B
nonimmigrant workers. This notification requirement, commonly
referred to as the notice or posting requirement, informs U.S.
workers of the terms of employment of nonimmigrant workers, the
right of U.S. workers to examine certain documents, and the ability
of U.S. workers to file complaints if they believe that
A new Field Assistance Bulletin (FAB) reiterates an H-1B
petitioner's obligations when using electronic means to make
the required notice to all affected employees. This includes those
who are employed by a third-party employer.
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