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New LCA Form for H-1B Workers Effective Today

Prior to filing an I-129 petition with USCIS, employers must submit a Labor Condition Application (LCA) to the Department of Labor attesting to compliance with the requirements of the H-1B, H-1B1, or E-3 program. Starting today, November 19, 2018, all LCAs submitted will require employers to disclose whether the worker will be placed at a secondary entity (or end-client) and if so, the employer must also disclose the full legal business name of the secondary entity, including any d/b/a information.

H-1B dependent employers will also be subject to additional requirements when they claim an exemption on the new LCA form. Employers will now have to disclose the basis for the exemption of the H-1B worker — whether the exemption is because the salary is $60,000 or higher, the worker has a Master’s degree or higher in a related specialty, or both. If the basis for an exemption is Master’s degree or higher only, then employer will have to attach additional information in an Appendix to the LCA.

Any LCAs filed before today are still valid.

For more information, please see this video created by Reddy & Neumann attorney Steven Brown. 

If you have any questions about the new LCA form, please make sure to contact a qualified immigration attorney.

By Kristina Hernandez

Kristina is an associate attorney at Reddy & Neumann. She was admitted to the State Bar of Texas in 2011. Her practice includes representing companies and individuals with employment-based visa petitions and applications.