Determining and Complying with the Required Wage Regulation: H-1B/LCA Compliance Training

Why Should You Attend:

The Trump Administration has announced a get-tough approach to enforcing the H-1B/LCA attestation requirements. The U.S. Departments of Homeland Security, Justice, Labor, and State have invited employees and members of the public to file complaints of alleged H-1B fraud and abuse, particularly about LCA attestation violations. History teaches that most complaints seek redress for wage rate violations, including the failure to accurately classify H-1B jobs under the DOL Standard Occupational Code (SOC) and the failure to report and pay the appropriate wage level.

Learning Objectives:

• Understanding the DOL Required Wage Rule
• Understanding the Difference Between the Area Prevailing Wage and the Required Wage
• Appropriate Method for Calculating the “Actual Wage”
• Complying with the LCA Guaranteed Hours Requirement
• Documenting Compliance with the H-1B/LCA Required Wage Payment Rule

Areas Covered in the Webinar:

• The Required Wage Analysis under the DOL H-1B/LCA Regulations
• Two Step Analysis for Determining the Applicable Area Prevailing Wage
• Choosing the Appropriate SOC Job Code
• Determining the Appropriate Wage Tier
• Proper Method for Determining the Applicable “Actual Wage”
• The H-1B/LCA “Safe Harbor” Rule
• Guaranteed Minimum Hours Payable to FT H-1B Workers
• Potential Liability for Failing to Pay the Required Wage

Who Will Benefit:

• H-1B Employers
• Staffing Companies Utilizing H-1B Workers
• HR Managers
• Global Immigration Specialists
• Corporate Compliance Officers
• Recruiters
• Benefits and Payroll
• Finance

Mary E Pivec
Managing Principal, Pivec and Associate PLLC

For more than 30 years Mary E. Pivec has counseled employers dealing with government regulations, investigations and enforcement actions. Rated by peers as AV Preeminent in the Martindale Hubble Attorney Survey, Mary is recognized as one of the most experienced and knowledgeable attorneys in the U.S. in the field of immigration-related worksite enforcement and compliance. She has represented employers in over 100 Form I-9 inspections, immigration-related discrimination investigations, and OCAHO proceedings, has testified as an expert on I-9 compliance and immigration-related discrimination claims in civil and criminal litigation, and has trained and counseled hundreds of managers and human resource officers on immigration compliance issues. Mary also represents employers in DOL H-1B/LCA enforcement audits and in appeal proceedings before DOL administrative law judges and the Administrative Review Board. Mary is a 1981 graduate of the University of Maryland School of Law and practices with the firm of Pivec & Associates, PLLC, located in northern Virginia. She is a Fellow of the American Bar Association College of Labor and Employment Attorneys and has been listed annually in Best Lawyers in America in the field of Immigration Law since 1990. Mary also served for nine years on the AILA Board of Governors and on numerous AILA liaison and advisory committees since joining AILA in 1983.

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