DOL Proposes Onerous Changes to LCA Process

DOL Proposes Onerous Changes to LCA Process

 

"The DOL now seeks to once again revise the scope of the information collected on the LCA citing, in its LCA supporting statement, a desire to improve its integrity review and ensure the accuracy and completeness of the information.  On July 9, 2012, the DOL published a Notice in the Federal Register announcing a 60-day comment period (to end on September 7, 2012) on its proposed changes to the form ETA-9035.  In a process that is likely to take several months, the changes must be approved by the federal Office of Management and Budget before they can be implemented.  Changes include requiring more detailed information about the prevailing wage; requiring more detailed information regarding how the employer determined whether it is H-1B dependent and whether the nonimmigrant worker is an exempt employee or if not exempt, specifying the employer’s recruitment efforts to recruit US workers; and requiring the employer to list the address where the employee’s public access file is kept.  Some of the changes are even more significant." - Cora-Ann V. Pestaina, July 23, 2012.