DOL Letter on Whether a New LCA is Required When Company Moves

July 16, 1996
Mr. Harry J. Joe, Esq.
Jenkins & Gilchrest
Fountain Place
1445 Ross Avenue, Suite 3200
Dallas, Texas 75202

Dear Mr. Joe:

This is in response to your letter of July 21, 1995, requesting an advisory opinion as to whether or not an employer would have to post and/or file a new labor condition application (LCA) when it relocated within the Metropolitan Statistical Area (MSA) covered by an existing LCA.

According to the facts provided in your letter, an employer located in Reston, Virginia, moved its corporation headquarters to Ashburn, Virginia. The employer, prior to the move, had an approved LCA for the workers at the Reston location. Ashburn, Virginia is located within the same Metropolitan Statistical Area as Reston, Virginia.

The employer would have to post notices pursuant to Sec. 655.734(A)(1)(ii)(D), and provide the H-1B nonimmigrants with a copy of the LCA pursuant to Sec. 655.734 (a)(2). However, a new LCA would not be required provided the employer fully satisfied the requirements of Secs. 655.730 through 655.734.

I trust this answers your questions. If you have any questions regarding the advice provided herein, they may be addressed to Scott Cote on 202/219- 4369.

Sincerely,

FLORA T. RICHARDSON
Chief,
Division of Foreign Labor Certifications

[Editor’s Note: The response to t his question may be different in light of the U.S. District Court (D.C.) ruling in NAM v. DOL.]

(Courtesy of Harry J. Joe)