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Posting Your LCA Electronically? Here is What You Need to Know.
Due to COVID-19, immigration attorneys are finding ways to account for employees who are now working from their couches, bedrooms, and dining room tables. With 200 million people in 21 states, 47 counties and 14 cities mandating shelter-in-place rules, according to a recent New York Times article, working from home is the norm these days.
For some employment-based visas, one of these options is pursuing The Department of Labor’s (DOL) alternative to posting electronic notices instead of displaying notices in the workplace to meet the Labor Condition Application requirement.
What is the Labor Condition Application (LCA) Requirement?
Employers who wish to sponsor an employee for an H-1B, H-1B1, or E-3 nonimmigrant visa are required to submit an LCA to the DOL prior to submitting their visa application for work authorization. To comply with regulations, an employer must provide a copy of the LCA notice to its U.S. workers on or within 30 days before the LCA is filed. While this notice is most often physically posted at the sponsored employee’s work location, posting electronic notices are also acceptable.
How Can I Electronically Post My LCA?
The official DOL Fact Sheet states that “If an employer chooses to provide the notice electronically, the employer must electronically notify all employees at the place of employment in the occupational classification for which H-1B workers are sought.” In other words, you can post your LCA notices via:
- Individual email messages;
- Posting on an appropriate electronic bulletin board; or
- By “other appropriate methods”.
Acceptable methods for electronic posting include any online bulletin or intranet posting area that is consistently used to notify people of job vacancies or promotions, where employees typically access such company information or resources without restriction.
Alternatively, if you would like to send out a copy of the LCA notice via email to those teams or individual employees in the same or related roles, then this shows an attempt at good faith posting compliance.
It’s recommended that for online postings on the company’s intranet or electronic bulletin area to take a screenshot of the first and last day of posting, and ensure it remains available to employees for 10 consecutive calendar days. For emailed notices, screenshot a copy of the email as evidence.
In order to use this electronic alternative, you’ll also need to verify that a company-wide work from home policy was instituted. If you need more information, reach out to your attorney or legal representative. Remember, proof is paramount in the world of immigration and is especially the case as you pursue alternatives during the pandemic.
For more articles on how the pandemic has affected your immigration program, consider checking out these COVID-19 resources.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a Bridge-affiliated partner attorney or another qualified legal professional.
