What are the laws governing the hiring of foreign workers?

The laws governing the hiring of foreign workers in Florida are set by the U.S. Department of Labor. Under the Immigration and Nationality Act, employers must obtain approval from the U.S. Department of Labor before hiring foreign workers, known as H-1B workers. Employers must meet certain criteria to be eligible to hire H-1B workers. For example, employers must certify that they are paying the H-1B worker the higher of the actual or prevailing wage for the position, that there is not a strike or lockout at the place of employment, and that the employee is not displacing American workers. In addition, employers must also complete a Labor Condition Application that is filed with the U.S. Department of Labor. The form outlines the wages and benefits to be given to the H-1B employee, and certifies that U.S. workers have been given the opportunity to apply for the position. Finally, employers are responsible for filing other forms related to the H-1B application process including an I-129, a petition for nonimmigrant worker, as well as an I-140, a request for permanent resident status. The U.S. Department of Labor also enforces certain restrictions and requirements on employers who hire foreign workers. Employers must provide notice of the filing of an LCA to all employees, including American employees. Employers are also prohibited from discriminating against U.S. workers and must take steps to make sure H-1B workers have the same opportunities as American workers. Lastly, employers must follow labor laws governing wages, hours and working conditions for H-1B workers.

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What are the laws governing the hiring of foreign workers?

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