The (DOL) published a notice in the Federal Register on 7/9/12 requesting comments on the following forms related to the temporary foreign labor certification programs:
Labor Condition Application (LCA, Form ETA-9035), used by employers filing H petitions LCA instructions (ETA-9035CP).
The proposed change would impose a limit of 10 per LCA.
DOL proposes requiring the filer to identify each worker for whom the LCA will be used.
This could include name, date of birth, country of birth, visa status, PERM number if applicable.
C.13 – C.18
Proposes adding 6 new fields regarding the employer’s industry on the basis that this information is “needed for statistical purposes and integrity measures.”
These new fields would include:
1. NAICS industry name
2. Year business established
3. Number of employees
4. Gross annual income
5. Net annual income
6. Country of headquarters
Proposes a new field requesting “clarification” on whether the authorized employer point of contact is “an employee of the employer not acting as an attorney for the employer,” or “an in-house counsel employee of the employer.”
F.1 – F.11
Proposed changes to this section include allowing the employer to identify up to 10 physical locations of employment; the current form only allows 3 locations.
F.13 – F.17
DOL proposes 2 new questions at relating to similarly employed U.S. workers employed by the employer.
1) Has the employer looked at its workforce to determine for the occupation listed in item B.1 whether there are similarly employed U.S. workers in the employer’s workforce?
2) For the occupation listed in Item B.1, indicate the approximate number of U.S. workers similarly employed by the employer.
Proposes expanding the attestation section for employers who are H-1B-dependent or willful violators.
Asks for information on the employer’s method for determining H-1B-dependency
Asks for detailed information concerning an H-1B-dependent or willful violator employer’s compliance with additional labor condition statements
Asks employers to attest “that all documentation related to Section H including recruiting methods will be made available in the employer’s public access file.”
Proposes asking for the specific address where the required Public Disclosure Information will be kept.
The attestations currently in the LCA instructions are added to the actual form.