New Labor Condition Application (LCA)

Practice Areas

By Angelita Chavez-Halaka and Armando Escobedo

Summary

The U.S. Department of Labor (DOL) is set to implement changes to Form ETA – 9035, Labor Condition Application (LCA) for H-1B, H-1B1 & E-3 Nonimmigrants. The anticipated date release of the final LCA is October 24-31, 2018.

Updates

Please see updated LCA information as of October 26, 2018.

Proposed Revisions from May 2018

End-Client User Name: Employer would be required to provide legal business name of all entities where H-1B employment is anticipated to occur.

Worksite Address: The proposed LCA will allow to enter up to 10 additional work-site addresses.

H-1B Dependent Employers Claiming Master’s Degree Exemption: Along with supporting documentation of attainment of Master’s degree, employers would need to provide the following:

  • Name of accredited university
  • Field of study of degree earned
  • Date degree earned

What Employers Should Know About Proposed LCA Revisions

  • Estimated LCA preparation time would increase substantially
  • May require filing new LCA and H-1B Petition for employees moved within the same Metropolitan Statistical Area (MSA)
  • May increase employment site audits to ensure H-1B compliance with LCA

As always, we will continue to monitor this change.

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