DOL Issues Bulletin Clarifying Filing Requirements for LCAs by Secondary Employers

On 1/15/21, the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) published an H-1B program bulletin revising its interpretation of its regulations concerning which employers must file a Labor Condition Application (LCA) under 20 C.F.R. §§ 655.715 and 655.730(a). OFLC now interprets the regulations to require secondary common-law employers of H-1B workers to file an LCA.

Note: On January 20, 2021, this bulletin was withdrawn by DOL.

Related Resources

• DOL Withdraws OFLC and WHD Bulletins on LCA Filing Requirements (1/20/21)
• DOL Press Release: U.S. Department of Labor Revises Interpretation, Issues New Guidance Clarifying Filing, Compliance Requirements in H-1B Visa Program – January 15, 2021
• DOL WHD Issues Bulletin on H-1B Program Obligations for Common-Law Employers
• Featured Issue: DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels