In a series of FAQs, DOL issued a set of Frequently Asked Questions (FAQs), Round 4 – Labor Condition Application (LCA/ ETA Form 9035/9035E), for the H-1B, H-1B1 and E-3 programs. It is important to note that the key element of filing an LCA when there is a “material change in the nature of employment”, has been deferred to the judgment of and subject to USCIS authority. In a decision reported earlier – See Weekly Update (June 26-30), the D.C. Circuit found that because USCIS may consider LCA-related issues in exercising its own authority to approve, disapprove, or revoke H-1B petitions, it may require new or amended petitions corresponding to changes in the place of employment that necessitate the filing of new LCAs. (ITServe v. DHS, 6/27/23); we have always advised clients to err or the right side of compliance by filing an amended petition when there is a change in end-client, or location of work that requires the filing of an amended LCA.
