LCA Posting Field Assistance Bulletin – 3/15/19

Recently, WHD has seen a rise in the use of electronic notifications as workplaces increasingly provide their employees with documents by electronic means.

This Field Assistance Bulletin (FAB) reiterates an H-1B petitioner’s obligations when using electronic means to make the requisite notice to all affected employees.

This includes those who are employed by a third-party employer.

The H-1B petitioner must notify all affected employees of its intent to place H-1B workers at the worksite using one of the three required methods.

One of those options is electronic notification. If an H-1B petitioner chooses to provide notice via posting in an electronic location (such as an intranet, internal database, or public website), it must ensure that all affected workers, including those employed by a third-party, have access to, and are aware of, the electronic notification.