By: Gladys Gervacio, Jacqueline Valle; Jagan Tamirisa

Summary

Existing Department of Labor (DOL) policy allows H-1B employers to provide electronic notices of Labor Condition Application (LCA) filing rather than physically post notices at the applicable worksite. This reminder is especially critical as many employees are working from home due to the coronavirus (COVID-19) pandemic.

Background

US Citizenship and Immigration Services (USCIS) recently announced that it had completed the FY 2021 H-1B cap selection process. Employers are now required to file H-1B cap petitions for “selected” registrations, which begins with filing an LCA with the DOL. In the absence of a bargaining representative, the hard-copy notice of LCA filing is typically posted at the actual place of employment (including the end-client’s worksite) for at least 10 days. However, due to the COVID-19 crisis, many worksites are closed with employees working from home.

How Employers Can Comply with LCA Posting Requirements Amid COVID-19

If it is not practical to physically post at the actual place of employment, then employers can post the notice of LCA filing electronically so that all affected workers can view the notice for their worksite. Acceptable electronic posting locations include the employer’s public website, newsletter, intranet, or email.

Employers must notify affected workers of the electronic notice in one of the following ways:

• If the LCA is posted on the employer’s website, employers can consider creating a separate LCA web page and notifying affected workers that such a web page exists.
• Request the end-client to post a link to the electronic notice on their intranet site.
• Directly email the link to the electronic notice of filing LCA to all affected employees at that worksite.

Contact Us

To learn more about complying with LCA posting requirements during the coronavirus outbreak, or to subscribe to our newsletter, please email us at info@chugh.com. We recommend sharing this alert with your contacts who may benefit.