H1B dependent employers are those who have more than 15% of their employees in the status of H1B in the firm of 50 employees. If the firm is smaller, then they are allowed a higher percentage of H1B employees before becoming ‘dependent.’

Under the ACWIA scheme an employer is considered H1B dependent employer when

• There are 7 or more H1B temporary workers in a firm of 25 or fewer full time employees
• There are more than 12 H1B workers among 26 to 50 full time employees
• There are more than 50 full time workers and 15% of it is H1B workers

According to American Competitiveness Act, the H1B dependent employer is asked for additional requirements. He/she has to make additional attestations on the Labor Condition Application as he is prohibited from laying off employees in the period before and after filing the I-129.

The dependent employer has to provide evidence that they will not displace a US worker within the period of 90 days before beginning the process and after filing for H1B petition.