When an employer hires a foreign worker on an H-1B non-immigrant visa, they must receive authorization from the Department of Labor (DOL) and also the Immigration and Naturalization Service (INS). A Labor Condition Application (LCA) is first filed with the DOL, which indicates the wages and working conditions for the foreign national. The employer is also required by law to notify the workers of the intent to hire a foreign worker. Therefore, the employer has to post the LCA in a central public location at the company. Two hard copies of the LCA must be placed in public view for 10 consecutive days.
However, employers can actually post the LCAs electronically on their website. In fact, the electronic posting of the LCA needs only to be placed in one location, a home page or electronic bulletin board, that is accessible by all “affected” employees. “Affected” employees refers to the individuals that work at the same location as the H-1B non-immigrant. Similar to hard-copy postings, the electronic notice must be posted for 10 days. In addition, a single e-mail notification can also be used to inform a group of the notice. If some employees do not have direct electronic access, then another posting method must also be used to reach those individuals.
Electronic LCA postings demonstrate one way that companies can leverage technology to streamline the immigration process.
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