A new version of the Labor Condition Application for Nonimmigrant Workers (LCA, Form 9035) is expected to be published in the coming days. The form will include a new requirement that H-1B sponsors provide the name of the end-user company if the H-1B worker will be working at a site owned and operated by an end client.

Key points:

  • The form is expected to require H-1B petitioners to list the legal business name of the end client and worksite where the H-1B employee will work, even if no employer-employee relationship exists between the H-1B worker and the end client. Previously, only the worksite address was required.
  • The Labor Department will continue to allow the current version of Form 9035 to be used beyond its current expiration date of Oct. 31, 2018.
  • When the new form is published, it will not become mandatory immediately. DOL will announce a transition period, the length of which has not been decided, before the new version becomes mandatory. DOL will provide instructions on when the current form will expire and when the new form must be used.
  • Approved Labor Condition Applications will remain valid until they expire.

BAL Analysis: H-1B petitioners should prepare to begin providing the legal business names of clients who will be hosting H-1B workers at their sites. BAL is closely monitoring these developments and will provide additional updates on the substantive changes in the new LCA and the timeline for implementation.

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

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