The U.S Department of Labor (DOL) has issued a revised Labor Condition Application for Nonimmigrant Workers (“LCA”) form that must be completed and submitted by employers seeking to file H-1B visa petitions, effective November 19, 2018. The amended form must be used whether the employer is seeking a new H-1B visa, an extension, or an amendment. LCAs that were approved by DOL before November 19, 2019 will remain valid until they expire.
The most significant change to the form is a requirement that the employer indicate if the H-1B worker will be placed at a third-party worksite, and if so, to provide the third party’s legal business name and address. The revised form also requires “H-1B dependent” employers that rely on the master’s degree exemption to provide additional educational information and documents, including the relevant degrees and transcripts.
The newly required additional information about third-party sites is in line with a Policy Memorandum issued earlier this year by the U.S. Citizenship and Immigration Services (USCIS) division within the U.S. Department of Homeland Security (DHS) calling for greater scrutiny with respect to H-1B petitions for foreign worker beneficiaries who will be employed at third party sites. It also is consistent with efforts by the Trump Administration to crack down on alleged employer abuse of so-called H-1B visas.
Members of the Center for Workplace Compliance (CWC) can read more here.