UPDATE: Implementation of Revised Labor Condition Application (LCA)

Practice Areas

By Angelita Chavez, Gladys Gervacio, and Armando Escobedo

Summary

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.

Implementation Procedures

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.

Changes to LCA

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.

  • New LCA will allow employers to include up to 10 worksite addresses.

H-1B Dependent Employers or Willful Violators seeking H-1B exemption must attest to providing:

  • Annual Wage rate of at least $60,000 or higher; and/or
  • Master’s Degree Exemption: At the time of filing, H-1B dependent employers or willful violators must also provide the following information, along with supporting documentation for all exempt H-1B workers:
    • Name of accredited university
    • Field of study of degree earned
    • Date degree earned
    • Copy of Degree
    • Transcript or Official letter from Academic Institution which granted degree

LCA Processing Timeline

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