By Angelita Chavez, Gladys Gervacio, and Armando Escobedo
On November 19, 2018, the U.S. Department of Labor (DOL) is expected to fully implement changes to Form ETA – 9035, Labor Condition Application (LCA) for H-1B, H-1B1 & E-3 Nonimmigrants.
Employers can continue to use the existing LCA form until November 18, 2018. After this date, employers are required to use the revised form. Certified LCAs will continue to be effective until the end of the validity period regardless of which form was used.
Placing Nonimmigrant Worker at End-Client Site:
Employers must provide legal business names, including any trade name or DBA name, for all entities where the nonimmigrant worker is anticipated to work. Each worksite location must also have a corresponding wage rate paid to the nonimmigrant worker.
H-1B Dependent Employers or Willful Violators seeking H-1B exemption must attest to providing:
The DOL did not specify on an expected time frame for the certification of revised LCA form. We will continue to monitor this change.
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Source: US Department of Labor
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