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DOL Requests Comments on LCA for H-1B, H-1B1, and E-3 Applications

The Department of Labor's Employment and Training Administration has requested comments on the labor condition application (LCA) and instructions for H-1B, H-1B1, and E-3 nonimmigrants; ETA Forms 9035, 9035E, and 9035CP; and the Wage and Hour Division's Nonimmigrant Worker Information Form WH-4 (extension with revisions). Among other things the changes in the H-1B LCA would appear to make it difficult or at least more cumbersome for any employer sending H-1B workers off site; clarify what employers are attesting to regarding prevailing wage determinations; and clarify what H-1B dependent employers are attesting to.

The notice, which includes information on the Department's rationale for proposed changes and instructions on how to comment, was published on July 9, 2012, and is available HERE.

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