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Labor Condition Application Posting At Third Party Worksites


The U.S. Department of Labor (DOL) regulations require that an H-1B employer will, on or within 30 days before the date in which a Labor Condition Application (LCA) is filed with the DOL for certification, provide a notice of the filing of the LCA. The employer has the option of posting the notice:

  • At each place of employment where any H-1B Nonimmigrant will be employed, whether operated by the employer or by some other person or entity, for a total of 10 (calendar) days in two or more conspicuous places where workers are likely to see the notices;
  • Electronically by publishing/posting a copy of the LCA, or a document containing all the information from the LCA form, on the employer's intranet (if applicable), website, or other electronic bulletin board to which all employees have access, for a period of 10 (calendar) days; or
  • Electronically by emailing a copy of the LCA, or a document containing all the information from the LCA form, To all company employees holding the same or similar positions as listed on the LCA, at the worksite(s) listed on the LCA. In this case, the email notice need only be sent once.
Third Party Sites

When the worker will be employed at a third party worksite, not owned, operated or controlled by the employer, the logistics of getting the LCA posted can be more difficult. The onus is still on the employer to ensure that the LCA is posted in accordance with DOL regulations. The employer may make arrangements with the other employer in these situations to ensure that the LCA notice is posted in one of the three means listed above.


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