Recent Changes to the LCA for H-1B Cases
Employers should take note of several changes the Department of Labor (DOL) has made to the labor condition application (LCA) that is currently in effect. Recent changes primarily effect employers who place H-1B dependent foreign national employees at offsite locations.
Employers are mandated to have an approved LCA from the Department of Labor if they wish to file an H-1B petition. H-1B visa holders generally work in a specialty occupation. While LCAs are also required for other visa categories, the changes to the requirements apply specifically for the H-1B category. The LCA is crucial to the application process since it includes vital information about the proposed employment, such as the nature of the job, wage information and the location. The employer must also attest to the non-displacement of workers, that wage levels are set at or above the prevailing wage, and to comply with notice requirements.
The updated LCA form requires an H-1B dependent employer to submit education documents to verify the qualifying degree if the foreign national is considered exempt based on a master’s degree. Determining whether an employer is H-1B dependent varies based on the individual employer. Only certain documents are acceptable to fulfill this exemption requirement. It should be noted that this additional proof is only necessary when the exemption is based solely on the master’s degree. On the other hand, if the exemption is based on the master’s degree and a qualifying salary of at least $60,000, this evidence is not required.
The DOL also aimed to promote employer reporting of additional third-party worksites an H-1B employee may be working at. Now, an employer is required to provide information about any third-party locations. Unlike the previous LCA form, employers will need to provide the legal business name of the client where the H-1B holder will be located. Previously, the name and address of a client was required, but not the business name.
To submit a successful H-1B petition, it is crucial to be current with recent and ever-changing updates. If you are interested in filing an H-1B petition, or have other immigration concerns, feel free to reach out to Berardi Immigration Law to speak with an attorney!