Employers must post a notice at the worksite stating that it has filed an LCA.
When there is a collective bargaining representative for the occupation in which the H-1B worker will be employed, the employer must provide such notice to that collective bargaining representative via a copy of the LCA or the LCA Posting.
When there is no bargaining representative then:
The notice must be posted for ten (10) consecutive business days in two conspicuous locations (such as notice boards or within the vicinity of the water cooler) at the place of employment. If this is a unionized job or there is a bargaining representative for the position, the notice must be given to the bargaining representative.
Notice of the LCA filing must be given to employees in the same occupational classification, either by physical posting at the jobsite for 10 days, or by electronic means.
If the notice is by e-mail, a one-time e-mail is fine. If it is via an intranet or home page, the notice must be posted for ten days.
If the employer is H-1B dependent and the worker covered by the LCA is not “exempt”, then the notice must set forth the nondisplacement and recruitment obligations. In these cases, a statement must be included in the notice: “Complaints alleging failure to offer employment to an equally or better qualified US worker, or an employer’s misrepresentation regarding such offer(s) or employment, may be filed with the Department of Justice, 10th Street & Constitution Avenue, NW, Washington, DC 20530.
Employees must have direct access to these resources. If the employee is working at a contract site, the contract client can also post the notice on its own intranet.
Hard copy or electronic notifications must be provided to employees at any location where an H-1B worker is employed whether such place of employment is owned or operated by the H-1B worker’s employer or by some other person or entity.
Contract workers must have notices posted at the places where they will be working and not just at their employer’s home office.
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