Update on Labor Condition Application (LCA) Revisions

Practice Areas

By Angelita Chavez-Halaka

Summary

The U.S. Department of Labor (DOL) is planning to make changes to Form ETA – 9035, Labor Condition Application (LCA). This will impact H-1B, H-1B1 & E-3 Nonimmigrants.

Updates on Transition Plan

Expected full implementation of changes will occur over 30-45 days. The DOL will provide information about:

  • Date old form will expire
  • Date of when new form becomes mandatory
  • Updated form instructions

Proposed Revisions: May 2018

End-Client User Name: The DOL would require employers to provide legal business names for all entities where the H-1B employee is anticipated to work.

Worksite Address: The proposed LCA would allow employers to include up to 10 additional addresses for worksites.

H-1B Dependent Employers Claiming Master’s Degree Exemption: In addition to normal supporting documentation for the worker’s master’s degree, employers would need to provide the following:

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

What Employers Should Know About Proposed LCA Revisions

  • Current form may be used until DOL’s electronic system fully implements the changes
  • Estimated time to prepare an LCA would increase considerably
  • Employers may be required to file new LCA and H-1B petitions for employees moving within the same Metropolitan Statistical Area (MSA)
  • Employment site audits may increase to monitor LCA compliance for H-1Bs

Please keep in mind that certified LCAs will continue to be valid until the end of the validity period regardless of which form was used.

We will continue to monitor this change.

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