The American Immigration Lawyers Association (AILA) DOL Liaison Committee's May 15, 2025 meeting with the Department of Labor's Wage and Hour Division (WHD) provided crucial insights into H-1B Labor Condition Application (LCA) compliance requirements, including electronic LCA posting and Public Access File (PAF) management. For immigration law firms and in-house immigration teams navigating the complexities of H-1B applications, understanding these updates is essential for maintaining compliance and avoiding costly violations.

This article examines key takeaways from the meeting, focusing on audit processes, LCA posting requirements in hybrid work environments, and privacy considerations that directly impact the LCA compliance process.

Understanding DOL Audits and Investigations

Secretary-Initiated Investigations and the "Reasonable Cause" Standard

Here was AILA’s question:

"Is WHD developing a process for Secretary-certified LCA investigations?"

Here was DOL’s response:

"Consistent with the statutory standard, if the Secretary initiates an investigation, it is because the Secretary believes there is 'reasonable cause' that the employer is not in compliance. WHD will provide notice to the employer unless it believes to do so will affect compliance by the employer."

Thus, DOL clarified its approach to Secretary-certified LCA investigations, emphasizing that these investigations are initiated only when there is "reasonable cause" to believe an employer is not in compliance. Importantly, WHD noted that they do provide notice to employers unless they believe doing so would affect the employer's compliance efforts.

LCA Compliance Audit Coordination with USCIS

AILA’s question:

"Does WHD coordinate LCA investigations with USCIS FDNS?"

DOL’s response:

"A July 2020 MOU provides that USCIS can refer suspected violations to WHD while reviewing petitions or conducting targeted site visits. Beyond that, WHD cannot discuss internal procedures."

While specific internal procedures remain confidential, this coordination underscores the importance of maintaining consistent compliance across all aspects of the H-1B process.

Critical Importance of Maintaining Public Access Files

AILA’s question:

"OFLC updates OEWS prevailing wage data each July 1st on the FLAG website. Sometimes, wage data is not immediately available for certain occupations... can an employer who documents the 'closely related occupation' rely upon the wage data from this 'closely related occupation'?"

DOL’s response:

"20 CFR 655.731(a) provides information on determining the prevailing wage for occupation. Employers may use a wage obtained from other legitimate wage data consistent with OFLC guidance. For enforcement purposes, if a complaint is filed and an investigation follows, WHD will determine whether the employer has the documentation to support its PW attestation. When there is no documentation, or an insufficient reason to believe that a wage from independent / other varies substantially, WHD will contact OFLC to provide a PWD. WHD will use the OFLC PWD to determine violations and for computing back wages. Investigations are based on facts and circumstances of the case and are determined on a case-by-case basis."

The big takeaway from these three inquiries is that immigration practitioners must ensure their clients' Public Access Files are absolutely complete and properly maintained. During investigations, WHD determines compliance based on available documentation. Insufficient or missing documentation can lead to violations and back wage computations using OFLC-provided Prevailing Wage Determinations, which may be higher than originally used.

The DOL's case-by-case approach means that thorough documentation is your first and best defense during any investigation. Ensure your clients understand that their PAFs must contain all required elements and supporting documentation. Even better if you have direct access to their PAFs as well and thus are able to have at least some control over it.

The Challenge of Physical LCA Posting Requirements

AILA’s question:

"Many employers continue to allow employees to work hybrid. Many of these employers post a hard copy of the LCA posting notice and are confused about where to post the LCA posting notice. Can WHD provide guidance about where the hard copy of the posting notice should be physically posted in the following scenarios: (a) Working 100% remote from home office, (b) Working 3 days in the company office and 2 days from home office, and (c) Working 1 day in company office, 2 days from home office, and 2 days at client site

DOL’s response:

"We recognize your interest in this topic given prior inquiries. See 20 CFR 655.734 which outlines the options of posting notice via hard copy or electronic notice, or collective bargaining representative, if there is one. WHD would emphasize that whatever form it takes, notice must be sufficient to notify all workers in the area, including employees of a 3rd party employer."

Rather than providing specific guidance for each scenario, the DOL pointed to existing regulations (20 CFR 655.734) and emphasized that notices must be "sufficient to notify all affected workers at the place of employment, including employees of a 3rd party employer."

This response highlights that electronic LCA posting remains a viable option that can address many hybrid work challenges more effectively than physical posting alone. AILA’s question was specifically about hard copy LCA posting notices, and DOL mention electronic posting, so perhaps it’s not just a viable option, but the preferred method when it comes to hybrid or fully remote H-1B workers.

Mixed Hard Copy & Electronic LCA Posting Methods Permitted

AILA’s question:

"If an employer has to post multiple posting notices in different locations due to the hybrid work arrangement, can the employer use electronic posting in one location and physical posting in another location?"

DOL’s response:

"Yes, as long as the notices are sufficient to notify all affected workers at the place of employment, including employees of a 3rd party employer."

The DOL confirmed that employers can use both electronic and physical posting methods simultaneously. This approach may be particularly beneficial for hybrid arrangements where electronic posting addresses remote work locations while physical posting covers office environments.

Problems arise when the remote work location is the individual’s home, thus forcing the individual to effectively handle their own LCA posting compliance, which opens up the risk of noncompliance in the event of an audit.

Privacy Considerations for Home-Based Workers

Protecting H-1B Beneficiary Privacy

AILA’s question:

"Due to privacy concerns, can an employer that posts a copy of the LCA which includes the H-1B nonimmigrant's home address redact at least the street information from the LCA before posting it?"

DOL’s response:

"WHD notes that the employer is not required to post an actual copy of the LCA to comply with the notice requirement."

When H-1B beneficiaries work from home, their home addresses become worksites listed on the LCA. Recognizing legitimate privacy and safety concerns, the DOL clarified an important point: employers are not required to post the actual LCA document to comply with notice requirements.

Instead, employers can create their own notice documents (e.g. a one-page LCA notices commonly used by immigration law firms today) that omit sensitive information like street addresses and apartment numbers while still meeting all notice requirements.

This flexibility provides a practical solution for protecting beneficiary privacy without compromising compliance obligations.

The Path Forward: Embrace Electronic LCA Posting and PAF Management

For immigration law firms and in-house teams still relying solely on physical posting, electronic LCA posting continues to be encouraged and supported by the DOL. This approach offers several advantages:

  • Greater clarity around the posting process and requirements
  • Enhanced control for law firms to monitor and verify client compliance
  • Better documentation for audit purposes with digital trails and timestamps
  • Improved accessibility for remote and hybrid work arrangements

The complexities highlighted in the DOL meeting underscore the need for streamlined, automated LCA compliance processes. Manual posting management becomes increasingly challenging as work arrangements evolve and regulatory requirements remain stringent.

Modern compliance automation tools can help immigration practitioners ensure consistent posting across all required locations, including third party worksite locations, maintain comprehensive documentation and retention data for PAFs, provide real-time visibility into client compliance status, and simplify the management of hybrid work posting requirements.

Use LaborLess for Clectronic LCA posting and PAF Compliance.

The May 15, 2025 DOL liaison meeting reinforced that LCA compliance remains a critical area requiring careful attention to detail and proactive management. as work arrangements continue to evolve, immigration practitioners must adapt their compliance strategies accordingly.

Electronic LCA posting and PAF management, combined with proper automation tools, provides a path forward that addresses current challenges while positioning practices for future regulatory developments.

For firms ready to transition from manual posting management to automated compliance solutions, LaborLess offers comprehensive LCA compliance automation designed specifically for immigration practitioners.

Since our launch in 2018, LaborLess has focused on making the LCA compliance process more transparent and manageable for both law firms and their clients.

You can explore their approach at www.laborless.io, review a demonstration at laborless.io/demo, or contact us directly to discuss automating your LCA compliance process and gaining better oversight of your clients' H-1B posting requirements!