Is the E-3 Petitioner Required to Post a Notice When Filing a Labor Condition Application in an E-3 Visa Case?

Yes, U.S.-based E-3 petitioning employers are required to give notice to U.S. workers about the filing of the Labor Condition Application in E-3 cases.

Notice must be given to U.S. workers on or within 30 days before the date the employer files the Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) with the Department of Labor.

As of the date of this writing, this notice must include:

• The number of H-1Bor E-3 nonimmigrants the employer is seeking to employ;
• The occupational classifications in which the H-1B or E-3 nonimmigrants will be employed;
• The wages offered; The period of employment; The locations at which the H-1B or E-3 nonimmigrants will be employed; and
• The following statement: “Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.

The E-3 petitioning employer must complete the notice requirement by either putting the Union on notice, notifying U.S. workers in print or notifying U.S. workers by electronic means. Each one is discussed in turn below:

Union notice:
When there is a collective bargaining (Union) representative for the occupation in which the E-3 worker will be employed, the employer must provide such notice to that collective bargaining representative via a copy of the LCA or other document which includes all items required by U.S. DOL.

When there is no collective bargaining agreement and no bargaining representative, employers must either post a notice in print or provide it to U.S. workers by electronic means.

Hardcopy worksite notice:
Posting the notice of the filing of the LCA (or the information therein) at two conspicuous locations at the place of employment for 10 days; or

Electronic notice:
Electronically providing the notice of the filing of the LCA to all workers at the place of employment for 10 days.

How must electronic posting be done?

If an employer chooses to provide notice electronically, the employer must electronically notify all employees at the place of employment in the occupational classification for which E-3 workers are sought. This notice may be provided by individual e-mail messages, by posting on an appropriate electronic bulletin board, or by other appropriate methods.

Note that U.S. DOL requirements may change and have changed in the past. Check https://www.dol.gov/ for the most updated information in E-3 Labor Condition Application filings.

Have E-3 visa or E-3 compliance questions? Contact us to consult with an experienced E-3 immigration attorney about your particular matter.

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Remember that each case is different. Prior results do not guarantee a similar outcome.