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 DEPARTMENT OF LABOR COMPLICATES THE H-1B WITH NEW LABOR CONDITION APPLICATION RULES
The H-1B visa will become more difficult as a result of regulations being imposed by the Department of Labor. The DOL has released new regulations affecting the Labor Condition Application process. Among the highlights:
- An employer must provide the H-1B worker with a certified copy of the LCA prior to the worker reporting to work.
- An employer can only list one occupation per DOL regional area
- The prevailing wage source must be identified in the LCA
- The validity period of the LCA has been shortened to three years
- The employer must provide new notice to the worker if the worker is being sent to a new worksite
- New restrictions on placing an H-1B worker at a site not on the LCA
- New rules limiting the time for which a prevailing wage determination may be used
- An employer may not file an LCA more than 6 months before the beginning of the period of employment.
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