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07 December 2018
When filing an H-1B petition with the US Citizenship and Immigration Services (USCIS) a certified Form ETA 9035 (Labour Condition Application) (LCA form) which is issued by the US Department of Labour's (DOL's) Office of Foreign Labour Certification (OFLC), must be included with the submission. The DOL recently announced the implementation of a new LCA form which took effect on 19 November 2018. The prior LCA form is no longer acceptable. The implementation of the new form will affect LCA processing, since additional information will now be needed to complete it.
Some of the major changes to the form include the following:
There have been reports of some technical glitches with the new LCA form (eg, the wage calculator appears to auto-fill DOL wage source information to reflect 2019 wage data when it should reflect 2018). In order to enter the wage information for the correct year, employers must manually enter the year 2018. The OFLC will be working to resolve some of these technical issues and provide further training to the public on how to complete the new LCA form.
The LCA form's implementation may result in the following:
The implementation of the new LCA form does not affect the LCA posting notice requirements contained in the DOL's regulations or the requirement to maintain an H-1B public access file for each LCA.(3)
For further information on this topic please contact Matthew C Morse at Fakhoury Global Immigration USA, PC by telephone (+1 248 643 4900) or email (firstname.lastname@example.org). The Fakhoury Global Immigration USA, PC website can be accessed at www.employmentimmigration.com.
(2) Based on how the new LCA form is crafted, workers may all need to work at the same locations listed on the LCA and qualify as exempt workers (if applicable) under the same exemption type for the new LCA to be certified by the DOL.
(3) In a recent webinar regarding the implementation of the new LCA form, the DOL confirmed that employers may maintain electronic versions of their H-1B public access files for public and government inspection, provided that all other requirements under the DOL regulations are met with respect to the creation and storage of H-1B public access files.
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Matthew C Morse