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Labor Dept. Announces Revisions To H-1B, H-1B1, And E-3 Forms, Comment Period

Pursuant to the Secretary of Labor’s June 6, 2017, news

release calling for proposed form changes “to better protect

American workers, confront fraud, and increase transparency,”

the Department of Labor has published a 60-day notice in the

Federal Register announcing its intent to revise its

information collection for the H-1B, H-1B1 and E-3 programs.

The revisions include the Labor Condition Application for

Nonimmigrant Workers (LCA) Form ETA 9035/9035E (electronic), Form

ETA 9035CP accompanying instructions, a new Appendix for the Form

ETA 9035/9035E, and the Wage and Hour Division’s WH-4

Nonimmigrant Worker Information Form collection.

The Department says it seeks revisions to the Form 9035/9035E

and Form 9035CP Instructions to “streamline parts of the

current information collection to assist the regulated community

with form completion; provide greater clarity of existing employer

obligations under the programs; and promote greater program

transparency by collecting additional information on the employment

of temporary nonimmigrant workers by U.S. employers.” The

Department also seeks revisions to the WH-4 “to provide the

form in a LIVECYCLE document to improve accessibility and

compliance” with the Rehabilitation Act and the Workforce

Investment Act; to “assist the regulated community with form

completion”; and to “collect additional information to

facilitate complainant communication for the enforcement of Forms

9035 and 9035E.”

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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