The Labor Condition Application (LCA) Form, ETA 9035, is a required form for non-immigrant visa categories including the H-1B, H-1B1 (Chile/Singapore) and E-3 (Australia). Pursuant to The Department of Labor’s plans to better protect American workers, confront fraud, and increase transparency, a new version of the LCA form took effect on Nov. 19, 2018. This form includes several new key revisions: (1) Disclosing all places of employment for H-1B workers, including periods of short duration; (2) Providing the estimated number of H-1B workers at each place of intended employment; (3) Requiring the clear identification of secondary entities who are using H-1B workers; and (4) Requiring H-1B dependent employers who are claiming an exemption solely on the basis of education, such as a master’s degree, to provide documentation of the degree. It is recommended that all U.S. employers revisit and review their contracts in place for third-party placement of their own employees as well as their vendor agreements, which may place workers at their work locations.

The new LCA form and instructions are available here.