New H1B LCA Applications Requires End Client Name
DOL (Department of Labor) has issued a new LCA (Labor Condition Application) form 9035 on Nov 19, 2018 for H1B, H1-B1 and E-3 work permits.
New LCA requires H1B employers to disclose whether the worker will be placed at a end-client location including the full legal business name of the third party work location.
Forbes reports that Trump Administration wants to discourage employers from contracting H1B workers. As LCA’s are publicly available online, the end client information can be used by media or anti-immigrant groups to target US employers!
Where to Write End Client Name in H1B LCA
A new question has been added in Part F of LCA application form to specify if the H1B employee is going to work in EVC (Employer Vendor Client) model or not.
This means that if you are working for a consultancy company like TCS, HCL, Wipro, Cognizant, Infosys or similar, you need to explicitly declare your end-client name and job location now.
If you are employed by TCS and working for client Citibank in USA, your LCA should show the information clearly.
LCA for H1B – Is Salary 60k+ or Masters Degree?
New questions have been added in Part H (Q 4 & 5) to explain the reason for selecting an H1B employee. H-1B dependent employers like TCS, Infosys, HCL etc are now required to select the reason for the selection of H1B worker:
- If H1B worker’s salary is $60,000 or higher, OR
- If the worker has a Master’s degree or higher in a related specialty,
- or both.
If the basis for an exemption is Master’s degree or higher only, then employer will have to attach additional documents proof like Masters degree evaluation if its a foreign university degree or Transcripts if its USA degree in an Appendix A with LCA form.
Its not clear if DOL will reject any H1B LCA’s for Bachelor degree holders or people with salary less than 60 USD at this time.
Any LCAs filed before Nov 19, 2018 are still valid as per old norms.
LCA Processing Time
LCA’s normal processing time is 7-14 working days. Your sponsoring employer can file LCA with DOL’s iCert electronic filing system.
How to Check LCA status Online
Go to DOL iCert website. Enter your case number in Search iCert section and click Search.
H1B Amendment LCA within same MSA?
A new LCA posting (and not the LCA approval from DOL) is required if you change your end-client or work location within same MSA.
If your job location change falls outside of current MSA, a new LCA (with approval from DOL) and an H1B Amendment is required.
Related: How can I work from home on H1B visa?