Clarification on Posting and Notification Requirements for H-1B LCA at Third Party Sites

By: Brittany Simmons

SUMMARY

In March 2019, the DOL issued a Field Assistance Bulletin clarifying the H-1B Petitioner’s LCA postings requirements when the LCA includes third-party work sites.

The Bulletin covers two of the LCA posting methods 1) posting a hard copy notice and 2) electronic notification as it pertains to third-party work sites, which are addressed below:

  1. Hard Copy LCA Postings / Notification at Third-Party Sites
    • A hard copy LCA posting at the third-party worksite must be placed in a location accessible to all affected employees, including the third-party company’s employees.
    • The LCA postings must be in at least two conspicuous locations that are available to all affected workers at the place of employment, regardless of whether the place of employment is at a third-party location.
    • The postings must be sufficiently large and visible
  2. Electronic Notification
    Like hard copy LCA postings, electronic notifications must be given to all affected workers regardless of whether the affected worker is employed by the H-1B Petitioner or a third-party company.

    • Affected workers must have the capability to access the electronic notifications and know where to find them. The electronic location must be accessible to affected workers even if the workers are not employed by the Petitioner.
    • The Petitioner can let affected workers know of the electronic location of the LCA notifications through email, periodic employer newsletters, etc.
    • If affected workers do not have computer access, they must have access to hard copy postings or notifications. (See above at item 1)
    • An electronic notice is insufficient if the third party’s affected employees can access the electronic notifications, but do not know or use the electronic location. In this case, the notification is not considered readily-accessible.
    • The electronic notifications can be posted on the Petitioner’s website so long as affected workers (those employed by the Petitioner and/or the third-party) are provided with notice of where to find the electronic notifications.
      • Notice of where to find the locations can be accomplished if the Petitioner posts a hard copy message at the third-party worksite in a conspicuous location that directs affected workers to the electronic location of the postings.

CONCLUSION

It is important for H-1B Petitioners to ensure they comply with posting and notification requirements for affected workers. For help understanding your compliance requirements, contact an experienced Chugh, LLP attorney today.

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