If the H-1B worker is certified for “full-time employment” on the Labor Condition Application (LCA)
the employer is required to pay the hourly wage to the worker for a full-time week, except for a period
of non-productive status due to conditions unrelated to employment or which render the worker unable
to work. A full-time week is 40 hours per week, unless the employer can demonstrate that less than 40
hours per week is full-time employment in its regular course of business. In no event would less than 35
hours per week be considered to be full-time employment.
– The requirements listed above can be found in the Immigration and Nationality Act § 214, 8 U.S.C. 1184,
and 20 C.F.R. § 655.731 and § 655.736.
