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 info@sumnerimmigration.com. We look forward to hearing from you!

Recent blog posts

May
26
2021
We’re entering the season for summer travel for vacation and to visit family and friends! More people have been vaccinated, and travel is more feasible (in some ways) than last summer. However, foreign nationals wanting to travel must plan stra… Read More
May
4
2021
Traveling overseas for an extended period of time when you have a green card (permanent residence card) has always been tricky. However, it has become even trickier during the Covid pandemic. This is the second of a series of blog posts about traveli… Read More
Apr
21
2021
Traveling overseas for an extended period of time when you have a green card (permanent residence card) has always been tricky. However, it has become even trickier during the Covid pandemic. We’re publishing a series of blog posts about travel… Read More

Read More Blog Posts

“I have worked with a lot of immigration attorneys in the past for various needs for family and friends. I have not had to find a new attorney since I got in touch with Emily. I have known her since her early days as an attorney and she was the best o… Read More"
– Derek M.
“My Green Card got approved! Thank you very much for your help, I highly appreciate it! The way you have executed the filing procedure was simply perfect, from filing labor to GC approval, your documentation and communication with me was the best. I w… Read More"
– Kishore

More Client Reviews