3 Common Ways H-1B Employers Provide Notice When Posting Electronic LCAs

by Roman Zelichenko

A lot more H-1B employers are starting to think about electronic LCA posting for their selected H-1B employees or candidates, and they always ask us: "How can we compliantly notify 'affected workers' of the online location of these new electronic LCA postings."

And while we can't give clients legal advice, we always share what we see existing LaborLess users do notify workers of the URL where their now-electronic LCA notices are posted. This article dives into the top 3 ways we see H-1B employers provide notice to their employees of the location of their electronic LCA postings.

The company Intranet

When a company has its own "internal" web, i.e. an INTRAnet, they often add the electronic LCA posting location, i.e. the URL, somewhere on the Intranet. Often it shows up amongst other company notices, internal job postings, etc. This makes it easy for existing employees to find and thus helps ensure that that they are aware of LCA-related information at all times.

Company's public website, especially their careers page.

For companies that don't have an intranet, or for companies that place H-1B workers at third party worksites whose "affected workers" there don't have access to the main petitioner's intranet, the LCA notice link will often be shared on their public website, usually on the careers page as well.

The thinking here is all the company's employees have access to the company's public website, especially affected worker at third party who, by nature, wouldn't have access to the main company's intranet.

A permanent hard copy "notice" with the URL printed on it

This is a strange one one, but interestingly, is specifically mentioned by the DOL in their Field Assistance Bulletin No. 2019-3  as a legally sufficient method of providing notice of electronic LCA postings to employees.

In this case, the H-1B employer  would print a hard copy notice and post it, most likely, where they would usually post LCA notices. However, this notice would be permanent and simply "redirects" employees to a URL that they can type into their browser to see LCA notices.

Other creative ways!

While the three methods above are most common, some other potential methods include:

  • adding the LCA posting URL to the company's employee handbook and
  • pinning the URL to a company-wide Slack or Microsoft Teams channel.

Surely there are others options that make sense for a particular company. But the above three methods are the most common ones we've seen with clients at LaborLess.

However you provide notice, having electronic LCA posting is key to efficiency and compliance

Whether a company adds a link to their electronic LCA posting page or pages on their internal intranet, their external website, or otherwise, an electronic posting "bulletin" is only as effective as the process by which the LCA notice is added to that list.

LaborLess enables H-1B petitioners, and their immigration law firms or lawyers, to handle LCA posting electronically from one online location making the actual posting process simple, streamlined, and often more compliant.

If you want to learn more about how LaborLess can help you transition to a more effective LCA compliance process, please check out our demo here, and reach out to learn more!