What is the H-1B dependent employer rule?
H-1B Visa
January 03, 2026
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Answer
📋 Summary:
H-1B dependent employers (15%+ H-1B workers) have additional requirements: must attest they didn't displace U.S. workers, will not displace U.S. workers, and made good faith effort to recruit U.S. workers. This affects some IT consulting companies.
H-1B Dependent Employer Rules:
- Definition: Employers with 15% or more H-1B workers (or certain thresholds based on size)
- Additional requirements: Must make additional attestations on LCA
- Purpose: Protect U.S. workers from displacement
- Common for: IT consulting companies, staffing firms
Additional Information:
- Must attest: Did not and will not displace U.S. workers
- Must attest: Made good faith effort to recruit U.S. workers
- Must pay higher wages in some cases
- More scrutiny from DOL
- Does not prevent H-1B approval, just adds requirements
💡 In Other Words:
H-1B dependent employers are like companies that hire a lot of H-1B workers - they have to follow extra rules to make sure they're not replacing U.S. workers. It's like having extra supervision - the government wants to make sure these companies are hiring H-1B workers because they need the skills, not because they're cheaper.
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