Citing a rise in the use of electronic communications in the
workplace and an increase in the number of employers providing
documents to employees electronically, the U.S. Department of
Labor's Wage and Hour Division issued a Field Assistance Bulletin (FAB) on March 15,
2019 providing guidance on acceptable ways to notify employees
electronically of plans to hire foreign workers.
LCA Posting Requirement
The Immigration and Nationality Act and H-1B regulations require
an employer to notify all affected employees of its intent to hire
H-1B nonimmigrant workers.1 Affected employees are
those at the same worksite, in the same occupational classification
as the prospective H-1B worker, and also include individuals
employed by a third-party employer.2 This
requirement, which is commonly referred to as the "Posting
Requirement," informs U.S. workers of the terms of the H-1B
workers' employment, as specified on the Labor Condition
Application (LCA). It is intended to
