Effective 11/19/2018, DOL revising the LCA (ETA 9035)

U.S. Department of Labor Announces Updates to H-1B Labor Condition Application.

The Department announced that it will publish updates to the H-1B Labor Condition Application (Form ETA-9035) and worker complaint form (Form WH-4) and will take effect on November 19, 2018.

The Labor Condition Application form updates will require employers to provide more detailed information about H-1B worker employment conditions, including:

  • Disclosing all places of employment for H-1B workers, including periods of short duration.
  • Providing the estimated number of H-1B workers at each place of intended employment.
  • Requiring the clear identification of secondary entities who are using H-1B workers.
  • Requiring H-1B dependent employers who are claiming an exemption solely on the basis of education, such as a master's degree, to provide documentation of the degree.