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Streamlining Compliance With the 4th LCA Requirement: Notice of the Filing

[Editor’s Note: today’s blog is courtesy of Paul Zulkie of Zulkie Partners LLC]

Experienced business immigration practitioners are familiar with (and often sleepwalk through) the 4th Labor Condition Application (LCA) requirement concerning the Notice of Filing.  In an area dominated by paperwork, the Notice of Filing is often prepared and sent manually either by copying the entire ETA 9035 or preparing a separate “Posting Notice” for each H-1B case.

Recently, our firm began exploring alternate ways to streamline this process, especially with “H-1B season” (such as it is) on the horizon. As is often the case, we found a quick and easy solution was available through our online immigration case management system, EDGE.

The purpose of this blog is to share our small “LCA innovation” in the hopes that it benefits other Users of the EDGE case management solution or those law firms considering a case management system. I have also added some helpful information for those firms, like ours, that may use Apple computers exclusively for their office needs.

First, let’s take a closer look at the Notice of Filing requirement, which can be found at 20 CFR 655.734:

(a)  Notice of the filing of the LCA must be given to the bargaining representative of the employer’s employees in the occupation in which the H-1B nonimmigrant will be employed; or

(b)   If there is no such bargaining representative, the employer has posted notice of the filing in at least two conspicuous locations in the area of intended employment on or within 30 days BEFORE the date of the LCA is filed with ETA.

The regulations provide considerably more guidance on how this may be accomplished including both “hard copy” and “electronic” notice. The notice may take the form of a summary of the key provisions of the LCA application or the posting of the entire Form ETA 9035 or 9035e.

With guidance from the LawLogix Customer Experience team, we recently discovered a feature in the ETA-9035 e-File Worksheet module that allows us to streamline the process for our clients that prefer posting the entire ETA 9035e electronically or in hard copy BEFORE submission to ETA. 

In order to email a PDF version of the entire ETA 9035 to your client BEFORE submission to ETA, once the worksheet has been completed by our paralegal (and we love those error checking prompts) and approved by the responsible attorney, our paralegal clicks on the Printer icon in the upper right hand corner of the worksheet. This allows the paralegal to save the entire form as a PDF which can be immediately emailed directly to our client attached to our standard email template which contains instructions to access posting and document retention guidance stored in the company’s OnDocs folder. 

**Please note, if you are using Safari as your internet browser, a prompt will pop up when you attempt to save the PDF stating, “Data typed into this form will not be saved. Please print your completed form if you would like a copy for your records.” Disregard this prompt, as the completed form will be saved.

And with that easy step, we now have one less burden in the LCA process…thank you, LawLogix!

Want to learn how more about this time saving feature within the LawLogix EDGE case management system?  Current EDGE clients can contact Customer Support here or by calling us at 602-357-4240 ext. 2 for complete details.  New clients interested in learning more the LawLogix EDGE system can contact us here or call 602-357-4240 ext. 1.  Also, please visit our website at www.lawlogix.com for general information.