Moving a company’s LCA compliance process from manual LCA posting to electronic LCA posting has both short-term and long-term benefits, both for the H-1B employer and their immigration law firms. That’s what this article is about.
The context here is the idea that too many H-1B employers are still posting paper LCA notices and maintaining hard copy public access files (PAFs), and that the immigration law firms that support them have to deal with that.
So, here are the benefits as I see them, both short- and long-term, for both parties:
Short-term benefits of electronic LCA posting
For H-1B employers, electronic LCA posting means that you no longer have to force remote and hybrid employees to handle their own LCA postings and thereby put it on them to ensure the company’s compliance the US Department of Labor's H-1B regulations. It’s common practice for H-1B employees working from home to be instructed to print and post their LCA notices in their home if they plan to work remotely, so moving to electronic LCA posting would allow the company to avoid this entire situation and, likely, enhance their compliance as a result.
For immigration law firms, if you use an electronic LCA posting process that enables to post LCA notices on behalf of your H-1B employer clients, you can take that H-1B employer out of the picture altogether. This means you can handle the LCA posting process for them since when you post an LCA notice electronically, the most important part is that the correct posting shows up in the correct location, regardless of who posts it.
In other words, by adopting an electronic LCA posting process, immigration law firms can offer LCA posting support to their corporate clients.
Long-term benefits of electronic LCA posting
For H-1B employers, electronic LCA posting allows you more easily get data on all your LCA notices. For example, how long they’re posted for, who posted each LCA notice, how many postings you have for what geographic location, etc. Electronic LCA compliance in general also allows you to have all your LCA-related data in one place which can be crucial in case of a merger or acquisition when immigration risk is being assessed, in the event of an audit, or otherwise.
For immigration law firms, in the event of an audit, having electronic records of LCA posting dates as well as electronically stored and monitored PAFs may make the audit process easier. Easier retrieval of specific PAFs, easier date tracking, easier and more certainty around the employer’s compliance and a smoother process procuring LCA and PAF documents to the officers or other inquiring parties.
LaborLess can help you get started with electronic LCA posting and electronic PAF management
If you want to learn more about how LaborLess automates the LCA compliance process, including enabling electronic LCA posting as well as electronic PAF creation ad management, check out our website at http://www.laborless.io!