Finnan, Fleischut & Associates

DOL’s Revised LCA Form

Before filing for a new H-1B petition, employers must first obtain from the Department of Labor (DOL) an electronic certification containing attestations as to the wage and working conditions of H-1B employment.  This is accomplished via Form 9035, the Labor Condition Application (LCA). 

DOL published a proposed new LCA form that has yet to take effect.  The current form expired on November 30, 2008, but DOL has extended it until January 31, 2009, by which time the new form is expected to be available.

While some key revisions to the new LCA itself are designed to ensure greater integrity and ‘authenticity’ for employers, there are also process changes as well.  DOL has advised that employers and counsel who currently have online accounts will need to re-register under the new system.  Employers and counsel will still be able to create their own accounts and hav