H-1B research for unions
H-1B employer research for unions
The record
What the archive holds
These three public record sets can help frame an employer question. Each has a limit, stated beside it.
Labor Condition Applications record the employer's legal name, job title, offered wage, worksite, workers requested, and filing date.[1]
A filing is an application, not a hire. Requested workers are not confirmed hires.
Browse H-1B filingsEmployers file WARN notices before covered layoffs, with the notice date, location, and worker count.[2]
A notice records a planned layoff. A filing near a notice date does not prove a laid-off worker was replaced.
Browse WARN noticesFor 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]
Read reported findings separately from modeled wage comparisons and unresolved court allegations.
Browse WHD casesHow employer matching worksnames, subsidiaries, and what a match does not establish
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.
How to investigate
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.
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]
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.
Start here
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.
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.
H-1B union rights and research questions
H-1B union rights and research questions
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][6][7]
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). Pages 1–4: application, DOL outcome and dates, requested positions, employer, representatives, worksites and pay unitsThis 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. 20 CFR 639.1(a), (g), 639.2–639.3 and 639.7: notice scope, thresholds and reported affected employeesFederal 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. 20 CFR 655.810(a)–(b), (d): back wages, civil money penalties and minimum petition-approval disqualification periodsParagraph (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). Scope of the survey; occupational coding; concepts and estimation methodologyDocuments 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. Employer/Union Rights and Obligations; forming, joining, and assisting a labor organizationChecked 2026-10-12.
- [6] Guidance · National Labor Relations Board. Immigrant Worker Rights. Immigrant Worker Rights Under the National Labor Relations Act; protection regardless of immigration statusChecked 2026-10-12.
- [7] Guidance · National Labor Relations Board. Are You Covered?. Employees excluded from coverage under the National Labor Relations ActChecked 2026-10-12.