DOL Advises on LCA's and Muliple Worksite Locations

The Visa Office of the Department of State has raised a concern with the Department of Labor (Department) regarding Departmental policy in certifying Labor Condition Applications (LCA's).

Apparently, several foreign consular offices have reported that they have been receiving certified LCA's that are very broad in terms of the locations of employment listed at item 7(f), "Location(s) Where H-1B Nonimmigrants Will Work." For example, when an employer enters "Washington, D.C. and various client sites throughout the United States," Departmental policy is that such LCA's should be rejected as incomplete. All intended locations of employment (in terms of city or county and State) must be specified on the LCA.

Section ____.730(c)(1) of 20 CFR 655 stipulates that:

(c) What shall be submitted? Form ETA 9035. (1) General . . . . Each application [for H-1B nonimmigrants] . . . shall state for each occupational classification: . . . (v) The place(s) of intended employment..

In addition, ' ____.730(c)(2)(iii) provides that an employer may file a single LCA for more than one place of employment only if "[t]he information required in this paragraph [' ___.730](c) is provided for each occupational classification for each place of employment." (Emphasis supplied.) The Department defines "place of employment" at ' .715 as "the worksite of physical location where the work is performed."

Therefore, an LCA must identify the specific cites (or counties) and States where the work will be performed. If, at the time of filing, the employer is unaware of each specific site where an H-1B nonimmigrant will be employed, the employer should be directed to list all sites which are known at that time. If the employer subsequently wishes to assign an H-1B nonimmigrant to a new site which was not reflected on the original LCA, then a new LCA would be required for purposes of employment at that site.

Question should be directed to Scott Cote of the Division of Foreign Labor Certification on 202/219-4369.

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