Public Comments | Immigration

EPI public comments on Labor Department’s proposed revisions to H-1B Labor Condition Application

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On Sept. 7, EPI submitted public comments to the Department of Labor supporting their proposed revisions to Form 9035, the H-1B, H-1B1, and E-3 nonimmigrant guest worker Labor Condition Application (LCA). The LCA is the principal step in the labor certification process for employers who wish to hire college-educated workers from abroad through the H-1B temporary work visa program.

The proposed changes would collect additional data from petitioning employers, as well as limit LCA applications to a maximum of 10 guest workers per LCA. The additional data and changes will be valuable for the public and the DOL’s assessments of the H-1B program, and will improve enforcement efforts by both the DOL and Homeland Security to combat fraud and wage and hour violations.

EPI’s comments include additional criticisms of the labor certification process, and call for the creation of a national H-1B job database so that U.S. workers may have an opportunity to apply for H-1B job openings.

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