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Dependent Employer Attestations will Sunset

Although it looks certain that the numbers will reduce to 65,000, some good news is that dependent employer attestations will sunset - beginning October 1st.

These attestations have been highly onerous on employers who have more than 50 employees of which 15% or more are employed on H-1B visas.

Dependent employers currently have to attest that they have not displaced US workers and that they have conducted good faith efforts to recruit and employ US workers .

However, if the petition is for an exempt worker, the dependent employer is not subject to the attestations – an exempt worker is someone who is paid a salary of $60,000 OR holds a master’s or an advanced degree related to the position. On October 1, the concept of a “dependent employer” will vanish.

Also sunsetting is the ability of the Labor Department to start an investigation without a complaint from an aggrieved party.

Although it is possible that Congress will act on the cap and related items, it is very unlikely that such action would take place before October 1

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