New (and improved?) LCA: Nobody Panic Yet

By Samantha Davis, Immigration Lawyer, Richmond VA

On Monday November 19, 2018 the Department of Labor introduced an updated Form 9035, or Labor Condition Application (LCA). Before an employer files an H-1B, they must have an LCA certified by the Department of Labor. Fortunately, the LCA updates will not require you to resubmit previously submitted or certified LCAs. Here is what you need to know:

1 .The first major change is that if the H-1B employee will be placed at a client site, the employer must list the name of the end client on the LCA. That means that we will need the name of the end client for the LCA filing. Additionally in this section, the employer is required to enter the estimated number of workers that will be working at the specified place of employment.

2. The second major change is the addition of a new question in Section H that applies to H-1B employers who are either H-1B dependent or willful violators and will be using the LCA only to support H-1B petitions or extensions for exempt H-1B nonimmigrant workers. The question of H-1B dependency depends on the number of H-1B employees as compared to the overall number of employees a company has. If an H-1B employer is H-1B dependent (or a willful violator), they must make additional attestations on the LCA unless they are sponsoring an “exempt” employee. An employee is exempt if they earn at least $60,000/yr, or if they have earned a master’s degree (foreign or US) or higher that is related to the position. If the employee is exempt on the basis of a master’s degree, we must now include detailed information about the master’s degree and upload a copy of the degree or transcripts.

DOL has stated that these changes will not increase the processing times of LCAs. Whether that is true or not remains to be seen in the coming weeks as employers and attorneys begin submitting the updated Form 9035.

Do you need assistance with a family-based or employment-based immigration matter? Please contact our office today to see how we may be able to assist you! We are immigration lawyers located in Richmond, VA but we serve clients throughout the US and around the world. Please call us at 804-396-3412 or email us at We look forward to hearing from you!

Recent blog posts

By Nikita Hernandez, Sumner Immigration Law Paralegal It’s official! You’ve become Mr. or Mrs. and want to take on your spouse’s name while getting your US permanent residence situated, but when is the best time to do that? APPLYING FOR A NAME… Read More
One of the most common questions that we receive from our clients is about case processing time. The USCIS and DOL estimated case processing times are available online, but that source can be frustrating as they sometimes give a wide range of timefra… Read More
By Brianne Donovan, Sumner Immigration Law Clerk If you read our blog post, What to Expect When You’re Expecting (a New President), then you’re familiar with President Biden’s proposed immigration strategy. While the proposals seemed promising,… Read More

Read More Blog Posts

“Emily Sumner consults with the International Office at the University of Virginia as one of the immigration attorneys appointed by the Commonwealth of Virginia. She is my “go-to” person. She is expert at her craft, extremely knowledgeable…”
– Richard T.
“I want to thank you for doing such a great job representing me. I’m so glad we got positive results, but even before getting results, I was confident that we’ve done 100% due diligence with our RFE response. Though the questions from USCIS were i…”
– Immigration Client

More Client Reviews