FAQ: New Labor Condition Application Form

Beginning Nov. 19, a new version of the Labor Condition Application for Nonimmigrant Workers (LCA, Form ETA-9035/9035E) will become mandatory for H-1B, H-1B1 and E-3 sponsors. Although the new version of the form has not been officially released, the Labor Department published a proposed version earlier this year that included several important changes. Among the changes, the petitioning employer will be required to indicate whether the foreign worker will be placed at a client or third-party worksite and provide the legal business name and address of the entity. The new form also requires additional information from H-1B dependent employers who rely on the master’s degree exemption. BAL has produced an FAQ to answer some common questions about the new form and its implementation. Read the full FAQ 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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