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Form WH-4
REV 10/2018
Employer failed to provide fringe benefits to nonimmigrant worker(s) equivalent to those provided to U.S. worker(s) (e.g., cash bonuses, stock
options, paid vacations and holidays, health benefits, insurance, retirement and saving plans).
4. Description of Alleged Violation(s)
Please check the appropriate box(es) that best describe the alleged violation(s) of the applicable nonimmigrant worker provisions of the Immigration and Nationality
Act which you believe have occurred.
Employer supplied incorrect or false information on the Labor Condition Application (LCA).
Employer failed to pay nonimmigrant worker(s) the higher of the prevailing or actual wage.
Employer failed to pay nonimmigrant worker(s) for time off due to a decision by the employer (e.g., for lack of work) or for time needed by the
nonimmigrant worker(s) to acquire a license or permit.
Employer made deductions from nonimmigrant worker's wage (e.g., for nonimmigrant petition processing; for food and housing expenses
when the nonimmigrant worker is traveling on the employer's business; for tools and equipment necessary to perform employer's work) that
caused the wages paid to fall below the nonimmigrant worker's required wage.
Employer does not afford nonimmigrant worker(s) working conditions (hours, shifts, and vacation periods) on the same basis as it does U.S.
worker(s), or the employment of nonimmigrant worker(s) adversely affects the working conditions of U.S. worker(s).
Employer failed to comply with “no strike/lockout” requirement by: 1) placing or contracting out nonimmigrant worker(s) during the validity
period of the LCA to any place of employment where there is a labor dispute; 2) failing to notify the DOL, within 3 working days of the
occurrence, of such a labor dispute; or 3) using an LCA for nonimmigrant worker(s) to work at a site before the DOL has determined that a labor
dispute has ended.
Employer failed to provide employees or their collective bargaining representative, either by hard copy posting or electronically, notice of its
intentions to hire nonimmigrant worker(s), or has failed to provide nonimmigrant worker(s) with a copy of the LCA.
Employer required nonimmigrant worker(s) to pay all or any part of the scholarship and training fee (ACWIA fee).
Employer imposed an illegal penalty (as opposed to liquidated damages permissible under state law) on nonimmigrant worker(s) for ceasing
employment with the employer prior to a date agreed upon by the nonimmigrant worker and the employer.
Employer retaliated or discriminated against an employee, former employee, or job applicant for disclosing information, filing a complaint, or
cooperating in an investigation or proceeding about a violation of the applicable nonimmigrant program laws and regulations (i.e.,
whistleblower).
Employer failed to maintain and make available for public examination the LCA and necessary documents at the employer's principal place of
business or worksite.
H-1B dependent/willful violator employer displaced U.S. worker(s) in its own workforce within 90 days before or after filing H-1B visa
petitions.
H-1B dependent/willful violator employer placed H-1B workers(s) at another employer's worksite where U.S. workers have been displaced
within 90 days before or after placement of the H-1B worker(s), and/or has failed to inquire of the second employer whether it has or intends to
displace U.S. worker(s) within 90 days before or after placement of the H-1B worker(s).
H-1B dependent/willful violator employer failed to recruit U.S. worker(s) for jobs for which H-1B worker(s) are sought.
H-1B dependent/willful violator employer failed to hire a U.S. worker who applied and was equally or better qualified for the job
for which the H-1B worker was sought. Allegations of failure to offer employment to an equally or better qualified U.S. worker, or
a misrepresentation regarding such offer(s) of employment, may be filed with the Immigrant and Employee Rights Section of the
U.S. Department of Justice, Civil Rights Division at https://www.justice.gov/crt/filing-charge. You may also call the toll-free
Worker Hotline at 1-800-255-7688 or 1-800-237-2515 (TTY).
Other:
Note: The following items do not apply to H-1B1 or E-3 workers. An H-1B dependent employer is one who employs 25 or fewer full-time equivalent employees
employed in the U.S. and at least eight H-1B nonimmigrant workers; or 26-50 full-time equivalent employees employed in the U.S. and at least 13 H-1B nonimmigrant
workers; or 51 or more full-time equivalent employees employed in the U.S. and 15% or more are H-1B nonimmigrant workers. INA 212(n)(3)(A), 20 CFR 655.736(a). An
H-1B willful violator is an employer found to have committed either a willful failure or a misrepresentation of material fact by either DOL (INA 212(n)(2)) or the
Department of Homeland Security (INA 212(n)(5)) during the five-year period preceding the labor condition application filing.
