DOL imposes new LCA electronic notice obligations on employers and end-clients

Original Date Announced
March 15, 2019
New DOL policy requires employers to take extra steps if they are posting an LCA (Labor Condition Application) electronically, to ensure that electronic notices are readily available and accessible to all affected employees, including: 1. Taking steps to make sure that all affected U.S. workers – including employees of a third party -- are aware of an LCA notice for an occupation at the worksite; 2. Ensuring that affected workers have ready access to the electronic notice. Posting the notice on an inaccessible or little-known electronic site would not suffice to meet the LCA regulations; and 3. Ensuring that affected workers are able to locate the electronic notice that applies to their specific worksite. [ID #548]
DOL Field Assistance Bulletin (No. 2019-3): Compliance with the H-1B Notice Requirement by Electronic Posting
Effective Date
March 15, 2019

Fully in Effect

Status: Final/Actual

Trump Administration Action: Agency Directive

Subject Matter: Non-Immigrant Visas: Employment-Based

Agencies Affected: USCIS DOL

Pre Trump-Era Policies

April 11, 2008 The Immigration and Nationality Act (INA) requires an employer seeking to employ H-1B nonimmigrant workers (the H-1B petitioner) to comply with various requirements, including notifying affected U.S. workers of its intent to hire by posting a notice in either hard copy form, or electronically. 20 CFR 655.734 (2010)

Labor Department Imposes Significant New LCA Electronic Notice Obligations on Employers and End-Clients
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