Immigration

Srinivasa Reddy Kandi: How to Comply with LCA Posting Requirements at Third-Party Client Locations for H-1B Workers

February, 09, 2025-12:48

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How to Comply with LCA Posting Requirements at Third-Party Client Locations for H-1B Workers:

Posting the Labor Condition Application (LCA) is a critical compliance obligation for employers sponsoring H-1B visa holders, particularly when these employees are placed at third-party client sites. The U.S. Department of Labor (DOL) requires that the LCA be prominently displayed at the actual work location, irrespective of whether it is operated by the employer or a third party. With the evolution of technology and the dynamics of modern work environments, electronic postings have become an acceptable means of fulfilling this requirement.

This article provides guidance for H-1B employers on effectively posting LCAs at third-party client locations in accordance with DOL regulations.

Clarifying the LCA Posting Obligation:

The DOL specifies that employers filing an H-1B petition must inform:
• U.S. workers at the designated worksite, including those at third-party locations.
• H-1B employees assigned to that particular site.

Traditionally, this notification has been carried out through physical postings at the worksite. However, as per DOL Field Assistance Bulletin No. 2019-3, electronic postings are now recognized as a valid alternative, provided that:
• Affected workers at the third-party site are made aware of the notice.
• Workers can easily access and recognize the specific LCA notice pertinent to their location.

Methods for LCA Posting at Third-Party Client Locations:
1. Physical Posting at the Third-Party Worksite:

The most straightforward way to meet the LCA posting requirement is through physical display at the third-party worksite. Employers can accomplish this by:
• Posting the LCA on bulletin boards or in communal areas accessible to all employees, such as break rooms or HR offices.
• Informing the third-party client about the posting requirement and requesting their cooperation in displaying the notice.

While this method is highly compliant, it may encounter difficulties if the third-party client is uncooperative.

2. Electronic Posting with a Link to the LCA Landing Page:

According to the guidance from the Department of Labor (DOL), electronic posting may replace physical posting under the following conditions:

- Affected H-1B and U.S. workers must be informed about the location of the electronic notice.
- The notice should be clearly labeled and easily accessible.
- Workers should be able to identify which notice pertains to their specific worksite.

3. To facilitate this, employers can take the following actions:

- Create a dedicated LCA Posting Landing Page on their company website and share the direct link with affected workers.
- Incorporate a menu bar or searchable index on the main company website to help workers locate the LCA relevant to their worksite.
- Ask the third-party client to include a link to the LCA notice on their intranet or internal communication platform.
- Send an email with a direct link to the LCA to all affected employees at the third-party location.

Email Notification to Affected Workers:
An alternative compliance-friendly method is to email the LCA notice directly to affected workers at the third-party site. As per DOL guidance, employers can meet the posting requirement by:
- Sending an email that includes the LCA link to all impacted employees at the third-party location.
- Clearly stating in the email which LCA is applicable to that specific worksite.

This approach is particularly beneficial when physical posting is not feasible, ensuring that all workers have immediate access to the necessary notice.

Best Practices for Ensuring Compliance:
To mitigate potential issues with LCA postings at third-party sites, employers should implement the following best practices:

1. Document Compliance Efforts
- Maintain records detailing how the LCA was posted (whether physically or electronically).
- Keep screenshots, emails, or signed confirmations from the third-party client verifying that the LCA was posted.

2. Inform Affected Workers
- When utilizing electronic posting, provide clear notifications to affected employees, ensuring they can easily locate their worksite's LCA notice.

3. Include LCA Posting in Work Agreements with Third-Party Clients
- If the H-1B employee will be working at a third-party site, ensure that LCA posting responsibilities are clearly outlined in the work agreements.

If the H-1B employee is assigned to a third-party location, it is essential to include a contractual provision that mandates the client to facilitate the posting of the Labor Condition Application (LCA), whether in physical or electronic form.

4. Compliance Monitoring:

- Consistently verify that the LCA is available for the mandatory 10-day posting duration.
- Maintain a centralized log of all LCAs that have been posted for third-party assignments.

Conclusion:

The requirement for LCA postings for H-1B employees at third-party sites can be satisfied through either physical postings or electronic methods. Although physical postings are the most straightforward option, electronic postings via a company website, third-party intranet, or email notifications are also fully compliant with Department of Labor regulations.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.