H-1B Department Obligations
Sponsoring UToledo departments assume responsibility on behalf of The University of Toledo. Every sponsoring department is responsible for understanding and strictly adhering to all regulations mandated by the Department of Labor (DOL) and United States Citizen and Immigration Services (USCIS). These rules and obligations include but are not limited to the following:
The Department (and/or College) agrees to pay all required filing fees; none of these fees may be charged back to the international employee.
The Department attests to the four (4) labor condition statements summarized below upon the filing of a Labor Condition Application (LCA):
- WAGES: Pay nonimmigrants at least the local prevailing wage or the employer’s actual wage, whichever is higher, and pay for non-productive time. Offer nonimmigrants benefits on the same bases as offered to U.S. workers.
- WORKING CONDITIONS: "provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed."--(from DOL LCA)
- NO STRIKE/LOCKOUT: "There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment."--(from DOL LCA)
- NOTICE: For positions not covered by a Collective Bargaining Agreement (CBA), the Department agrees to physically post a Notice of Filing of Labor Condition Application (LCA) in two conspicuous/obvious locations at each place of employment.
WAGES and CHANGES IN SALARY
The Department agrees to pay the employee the amount listed on the certified LCA for the entire H-1B validity period. For salaried employees, wages must be paid in equal prorated installments on a bi-weekly basis. For hourly employees, the required wages will be due at the end of the ordinary pay period (bi-weekly) for all hours worked and/or for any nonproductive time as specified in the H-1B petition. If frequency of payment changes or if payment ceases for any reason, it may violate DOL regulations.
The Department agrees to notify OISSS immediately prior to any change in salary or compensation structure, which includes but is not limited to a salary and/or benefit reduction or increase or switching the employee to an incentive-based payment plan.
NO BENCHING
The Department agrees to pay the required wage rate for all nonproductive time caused by conditions related to employment—such as lack of assigned work, lack of a permit, or studying for a licensing exam—during the entire H-1B validity period.
START DATE AND COMPENSATION
UToledo's obligation to pay begins upon the approved H-1B start date and when the worker makes him/herself available for work, regardless of any employer-related conditions that may prevent the employee from beginning work. In any case, compensation must begin no later than 30 days after the H-1B worker enters the U.S. to take the job, or where the worker is already in the U.S., 60 days after the H-1B worker is authorized to work for UToledo.
LEAVES OF ABSENCE
The Department will not place the employee in an unpaid status and will notify OISSS if the employee takes any unpaid leaves of absence to ensure compliance with immigration regulations.
MATERIAL CHANGES
The Department agrees to notify OISSS if this position changes in a material way during the H-1B approval period prior to that change going into effect. The University may be obligated to amend the H-1B petition with USCIS. Examples of a material change: changes in job title, job duties or requirement, number of hours (e.g., change from full to part-time or vice versa), salary, and work location.
CHANGE OF WORKSITE
The Department agrees to notify OISSS of the intent to transfer the employee to a new worksite not listed on the original H-1B petition before employment commences at the new site. The University may have to file a new LCA and a new H-1B petition.
EMPLOYEE TERMINATION/RESIGNATION and RETURN TRANSPORTATION
The Department agrees to notify OISSS if the employment is terminated or if the employee resigns prior to his or her approved H-1B end date. Please note that UToledo’s obligation to pay the required wage does not cease until USCIS is notified of the separation. If the employee is terminated prior to his or her approved H-1B end date, the University must offer to pay reasonable costs for the employee to return to his or her home country of residence. The University has no obligation to employees who voluntary resign.
H-1B EXTENSIONS
The Department agrees to notify OISSS six months prior to expiration when an extension is desired.
I-9 OBLIGATION
To ensure Form I-9 Employment Eligibility Verification compliance, please review Policy Number 3364-25-116.
For any questions, please contact Maryam Sediqe, Assistant Director Employment Based Immigration Services, at Maryam.Sediqe@utoledo.edu