Since the COVID-19 pandemic, remote work has become the new normal for many businesses in the United States. Today, fewer U.S. businesses have a physical office than ever before, which means many U.S. employers have to get creative when it comes to meeting immigration requirements for the Foreign workers they employ. In this blog, we will discuss one of these requirements, namely how employers can electronically publish the mandatory Working Conditions Request (LCA), in the case of remote working:
What is the Working Conditions Application (LCA) requirement?
The Labor Conditions Application (LCA) requirement is a crucial step in the process of hiring foreign workers on H-1BVisas, H-1B1 or E-3 in the United States The LCA is a form submitted by the employer to the U.S. Department of Labor (DOL) to obtain certification before they can hire nonimmigrant workers in specific visa categories.
One of the requirements of the LCA process is public access. All U.S. employers who hire foreign workers must make the LCA available and visible to the public. This is usually done by posting a notice at the job site or, in the case we will discuss here, providing electronic access.
How long should the LCA be published?
When an employer submits the LCA, they are required to post notice of the request in the workplace. Pursuant to regulations enforced by the DOL, the LCA notice must be posted no later than 30 days prior to filing the LCA, and it must remain posted for a period of 30 days prior to filing the LCA. at least ten consecutive working days. This involves giving employees the opportunity to read the ACV and providing them with information on the terms and conditions of employment of the foreign worker. But what if the company doesn’t have a physical office or the majority of the company’s employees work remotely?
How to electronically publish your company’s LCA
Electronic publication of the LCA Notice is an acceptable method of compliance with DOL regulations, provided that the Notice is accessible to all employees. Here are some general instructions on how to post an LCA notice electronically:
- Create an electronic notice: Generate an electronic version of the LCA notice, which includes all required information. This electronic notice must contain the same information as the physical notice the business received.
- Company intranet or website: If your company has an intranet or website where employees typically access employment information, the ACV notice must also be posted there. To ensure the document is easy to find and access, many companies create specific pages or sections for all LCA notices.
- E-mail: It may also be helpful to send an email to employees, informing them of the ACV notice and providing a link to where it can be found on the company’s intranet or website. business.
- Confirmation of notifications: If your company has the capability, consider implementing a system for employees to confirm that they have received and reviewed the LCA notice electronically.
- Publication duration: As mentioned above, companies must keep the LCA notice electronically accessible for at least ten consecutive business days, just as you would with a physical notice at the job site.
- Records: Maintain records of electronic publication, including proof of notification to employees and confirmation of receipt and review. This documentation may be important for compliance and recordkeeping purposes.
IMPORTANT: Failure to comply with the conditions and requirements outlined in the LCA may result in sanctions for the employer and negatively impact the company’s ability to hire foreign workers in the future. It is essential that employers and their immigration support staff strictly adhere to LCA requirements during the process of hiring foreign workers.