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

  1. 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]

    View Policy Document
  2. Effective Date of Change

    March 15, 2019
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: USCIS DOL

Prior Policies

  • 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)

Commentary

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