DOL Proposes Changes to Forms ETA 9035 LCA and WH-4

August 06, 2017

 

In an August 3, 2017 Federal Register notice [82 FR 36158], the Department of Labor announced its intention to revise two forms connected to the H-1B, H-1B1 and E-3 nonimmigrant programs:

  • Form ETA 9035, the wage and working condition Labor Condition Application (LCA) attestation, including Form ETA 9035CP accompanying instructions, and a new Appendix for the Form ETA 9035/ 9035E; and
  • Form WH-4 Nonimmigrant Worker Information Form, a Wage and Hour Division form that interested parties fill out to report alleged H-1B violations by an employer

DOL states on its website that these revisions are "[i]n accordance with the Secretary's June 6, 2017 News Release, which called for proposed form changes to better protect American workers, confront fraud, and increase transparency."

Public comments must be submitted in accordance with the Federal Register notice instructions, by October 2, 2017.

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