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Since the COVID-19 pandemic, remote work has become the new norm for many companies across the U.S. Today, fewer U.S. companies have a physical office location than before, which means many U.S. employers have to get creative when it comes to satisfying immigration requirements for the foreign workers they employ. In this blog, we’ll cover one of those requirements, namely how employers can post the mandatory Labor Condition Application (LCA) electronically, in the case of remote work:
What is the Labor Condition Application (LCA) Requirement?
The Labor Condition Application (LCA) requirement is a crucial step in the process of hiring foreign workers on H-1B, H-1B1, or E-3 visas in the U.S. The LCA is a form submitted by the employer to the U.S. Department of Labor (DOL) to obtain certification before they can hire non-immigrant workers under the specific visa categories.
One of the requirements of the LCA process is public access. All U.S. employers hiring foreign workers must make the LCA available and visible to the public. This is typically done by posting a notice at the worksite or in the case we’ll discuss here, by providing electronic access.
How Long Should the LCA be Posted?
When an employer submits the LCA, they are required to post notice of the application at the worksite. According to the regulations enforced by the DOL, the LCA notice should be posted on or within 30 days before the LCA is filed, and it must remain posted for a period of at least ten consecutive business days. This is to give employees the opportunity to become aware of the LCA and to provide them with information about the terms and conditions of the employment of the foreign worker. But what happens if the company does not have a physical office location, or a majority of the company’s employees work remotely?
How to Post Your Company’s LCA Electronically
Posting the LCA notice electronically is an acceptable method of compliance with DOL regulations, as long as the notice is accessible to all employees. Here are some general instructions on how to post an LCA notice electronically:
- Create an Electronic Notice: Generate an electronic version of the LCA notice, which includes all the required information. This electronic notice should contain the same information as the physical notice that the company received.
- Intranet or Company Website: If your company has an intranet or a company website where employees typically access job-related information, the LCA notice should also be posted there. To ensure the document is easy to find and access, many companies create specific pages or sections for all LCA notices.
- Email: It may also be helpful to send an email to employees, notifying them of the LCA notice and providing a link to where it can be accessed on the intranet or company website.
- Notification Confirmation: If your company has the capability, consider implementing a system that allows employees to confirm that they have received and reviewed the LCA notice electronically.
- Duration of Posting: As mentioned above, companies should keep the LCA notice electronically accessible for at least ten consecutive business days, just as you would with a physical notice at the worksite.
- Records: Maintain records of the electronic posting, including evidence of notification to employees and confirmation of their receipt and review. This documentation can be important for compliance and record-keeping purposes.
IMPORTANT: Failure to comply with the conditions and requirements outlined in the LCA can result in penalties for the employer and negatively impact the company’s ability to hire foreign workers in the future. It’s essential for employers and their immigration support personnel to carefully adhere to LCA requirements during the process of hiring foreign workers.