# H-1B Union Rights and Employer Research
> https://www.xh1b.org/unions
Learn when H-1B workers have union organizing rights. Research employer filings, offered wages, layoffs, and agency findings with source limits.
## H-1B employer research for unions
Start with what an employer files: the jobs, offered wages, worksites, and workers requested. Compare those records with layoff notices and agency findings. Build a documented question your union can investigate.
## What the archive holds
These three public record sets can help frame an employer question. Each has a limit, stated beside it.
### H-1B filings
Labor Condition Applications record the employer's legal name, job title, offered wage, worksite, workers requested, and filing date. [1](#reference-unionRules-lca-data)
A filing is an application, not a hire. Requested workers are not confirmed hires.
- [Browse H-1B filings](/h-1b)
### Layoff notices
Employers file WARN notices before covered layoffs, with the notice date, location, and worker count. [2](#reference-unionRules-warn-notice)
A notice records a planned layoff. A filing near a notice date does not prove a laid-off worker was replaced.
- [Browse WARN notices](/warn)
### Wage and hour findings
For H-1B violations, DOL’s remedy rules provide for back wages, civil money penalties, and other remedies under specified conditions. Read the named enforcement findings and dates. Court dockets are a separate record set. [3](#reference-unionRules-enforcement-remedies)
Read reported findings separately from modeled wage comparisons and unresolved court allegations.
- [Browse WHD cases](/whd)
## How employer matching works
Records match to an employer dossier by legal name and known alternate names. A match brings records together; it does not add facts to any of them.
- Check subsidiaries and alternate names before treating a dossier as complete.
- A match shares an employer identity. It does not establish control, causation, or worker replacement.
- XH1B wage comparisons against BLS medians are modeled estimates, not findings by any agency.
- Coverage varies by source. The data-sources page lists what each record set covers before you treat a missing match as a missing filing.
- [Sources and coverage](/data-sources)
## A research workflow you can use today
### Identify the workplace
Record the legal employer, worksite, occupation, and dates. Keep the source case numbers with your notes.
- [Employer records](/leaderboard)
- [H-1B filings](/h-1b)
### Check the wage comparison
Compare offered wages for the same job and period. A BLS median is a market reference; it is not your collective bargaining agreement. [4](#reference-unionRules-bls-data)
- [Salaries and wage trends](/h1b-salary)
### Bring your own context
Use your agreement, wage schedule, and workplace records to test the question. The public archive does not determine whether your contract was breached.
### Preserve and review
Copy the source citation and chart data from each record page. Review the record with your representatives before preparing a grievance or other action.
## Choose a starting point
The education section covers universities. It is not a complete school-district or K-12 directory. Coverage and employer matches vary by source.
- [Hospital and medical employers](/medical)
- [University employers](/education)
- [WARN layoff notices](/warn)
- [Wage and hour findings](/whd)
- [Sources and coverage](/data-sources)
## Work with us
Frank can help inspect filings, follow relationships, and assemble cited research. Contact us about your employer list, research question, and access needs. Monitoring and private-data integrations require an agreed setup.
- [Explore Frank](/frank)
- [Discuss union research](/contact)
### Can H-1B workers join a union?
Yes, when their employment is covered by the National Labor Relations Act (NLRA). Covered employees can form, join, or assist a union. The NLRB protects these rights regardless of immigration status. The NLRA excludes some workers, including public-sector employees, supervisors, and independent contractors. Check the NLRB coverage guide and ask a qualified representative about your work situation. [5](#reference-unionRules-nlrb-union-rights) [6](#reference-unionRules-nlrb-immigrant-rights) [7](#reference-unionRules-nlrb-coverage)
### How can a union research an employer's H-1B filings?
Start with the employer dossier. Check its legal name, worksites, jobs, offered wages, and dates. Open individual filings and keep their case numbers with your research notes.
### Does an H-1B wage gap prove a union contract violation?
No. A market wage comparison does not establish the terms of your agreement. Review the actual job, wage schedule, dates, and contract language with your representatives.
### Are H-1B workers counted as confirmed hires?
No. LCA records describe positions and workers requested by an employer. They do not establish that each requested worker received a visa or started the job.
### Can I get automatic alerts or a ready-to-file grievance?
This public page provides research links and a workflow. It does not activate monitoring or generate a reviewed grievance. Contact us to discuss the scope of any additional service.
### Does the education section cover every union school district?
No. It covers university records. Source coverage and employer matches vary. Check the data-sources page before treating a missing match as a missing filing.
## References
1. Dataset documentation · DOL OFLC. [LCA public disclosure record layout (FY2026 Q3)](https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/FY26Q3/LCA_Record_Layout_FY2026_Q3.pdf). Pages 1–4: application, DOL outcome and dates, requested positions, employer, representatives, worksites and pay units. This layout covers determinations issued October 1, 2025 through June 30, 2026. It documents employer-provided application fields and DOL decisions, not USCIS decisions, payroll verification, legal bills or worker-linked moves. Older layouts can differ. Checked 2026-10-17.
2. Law or rulemaking · eCFR. [Federal WARN notice rules](https://www.ecfr.gov/current/title-20/chapter-V/part-639). 20 CFR 639.1(a), (g), 639.2–639.3 and 639.7: notice scope, thresholds and reported affected employees. Federal rules do not cover every layoff and do not supersede additional state notice rights. A notice describes a planned employment action; it does not establish visa-worker replacement. Checked 2026-10-17.
3. Law or rulemaking · eCFR. [Back wages, penalties, and disqualification](https://www.ecfr.gov/current/title-20/section-655.810#p-655.810(d)). 20 CFR 655.810(a)–(b), (d): back wages, civil money penalties and minimum petition-approval disqualification periods. Paragraph (d) gives minimum disqualification periods of one, two, or three years by violation tier. Paragraphs (a)–(b) cover back wages and penalties. Checked 2026-10-18.
4. Dataset documentation · BLS. [OEWS technical notes (May 2025)](https://www.bls.gov/oes/2025/may/oes_tec.htm). Scope of the survey; occupational coding; concepts and estimation methodology. Documents occupation and geographic wage estimates, not an individual worker’s pay. Use the estimate year and geography stated by the site; older releases can differ. Checked 2026-10-17.
5. Guidance · National Labor Relations Board. [Your Rights](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights). Employer/Union Rights and Obligations; forming, joining, and assisting a labor organization. Checked 2026-10-12.
6. Guidance · National Labor Relations Board. [Immigrant Worker Rights](https://www.nlrb.gov/guidance/key-reference-materials/immigrant-worker-rights). Immigrant Worker Rights Under the National Labor Relations Act; protection regardless of immigration status. Checked 2026-10-12.
7. Guidance · National Labor Relations Board. [Are You Covered?](https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/are-you-covered). Employees excluded from coverage under the National Labor Relations Act. Checked 2026-10-12.