BAL partner comments on impact of new Labor Condition Application Form

BAL partner Lynden Melmed was quoted in a Forbes magazine article Monday on the new Labor Condition Application (LCA) form.

The new form requires petitioning employers to indicate whether a foreign worker will be placed at a client or third-party worksite and provide a legal business name and address for the third-party entity. The Forbes article questioned the purpose of this requirement, stating that such information is unnecessary unless the administration wants to discourage businesses from awarding contracts to companies that employ H-1B workers by threatening them with negative attention and bad press.

Melmed, who previously served as Chief Counsel of U.S. Citizenship and Immigration Services, noted that past administrations have not requested such information. “The immigration agencies have historically recognized that there are legitimate reasons why U.S. businesses may not want to disclose private contracts,” Melmed told Forbes. “The new disclosure requirement reflects a shift in priorities by the Department of Labor.”

Read the Forbes article here. A BAL FAQ on the new LCA form is available here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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