DOL implements new LCA Form Monday, 11/19/18

//DOL implements new LCA Form Monday, 11/19/18

The U.S. Department of Labor’s Office of Foreign Labor Certification (“OFLC”) announced that it will implement the newly revised version of ETA Form 9035, or the Labor Condition Application (“LCA”),  November 19, 2018. Starting Monday, November 19th, the new version is mandatory and petitioners will no longer be able to file LCAs using the prior version. Between now and November 18, employers can continue to draft and file LCAs on the current version of the form. Even after November 19th, petitioners can use certified LCAs on the current version of the form to support H-1B Petitions.

The new version of the LCA has several changes:

  • Employers must indicate whether the sponsored H-1B, E-3 and H-1B1 workers will be placed at an end-client or vendor worksite, disclose the name of the third-party entity, and provide the third-party worksite address.
  • Employers deemed H-1B dependent or willful violators of the LCA regulations must specify the basis for any exemption from their additional recruitment and non-displacement attestations. If an employer claims an exemption based on a sponsored foreign worker’s attainment of a master’s or higher degree, it must provide additional information about the exempt employee and the relevant degree.

If you have any questions on how this new LCA form will impact your business, please contact SPS Immigration.

By | 2018-11-12T20:01:51+00:00 November 12th, 2018|Categories: H-1B|Comments Off on DOL implements new LCA Form Monday, 11/19/18

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