Labor Condition Application
(LCA) Public Access File (PAF) (Notice of LCA Filing)

Summary

This form is a Labor Condition Application (LCA) Public Access File (PAF) (Notice of LCA Filing) that may be used by an employer to satisfy the LCA notification requirement under 20 C.F.R § 655.760(a)(5). It contains practical guidance, drafting notes, and an alternate clause. This form is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. The requirements for notice to the employer’s workforce differ depending on whether or not the position is subject to a collective bargaining agreement. 20 C.F.R. § 655.734. See also Drafting Note to Section . of this annotated form. This memorandum is required to be placed, along with other LCA documents, in the employer’s Public Access File (PAF) before the new employer employs the H-1B (or H-1B1, or E-3) employee(s). For information on LCAs, see Immigration Law Considerations in Business Transactions and 1 Doing Business in the United States § 6.02. For related LCA forms, see Labor Condition Application (LCA) Public Access File (PAF) (Actual Wage Memorandum), Labor Condition Application (LCA) Public Access File (PAF) (Wage Rate Memorandum), Labor Condition Application (LCA) Public Access File (PAF) (Cover Sheet and Document List), Labor Condition Application (LCA) Public Access File (PAF) (Cover Sheet and Document List for Additional Work Location(s)), Labor Condition Application (LCA) Public Access File (PAF) (Cover Sheet and Document List for Corporate Reorganization), Labor Condition Application (LCA) Public Access File (PAF) (Corporate Reorganization Memorandum), Labor Condition Application (LCA) Public Access File (PAF) (Benefits Statement), and Employer Support Letter (H-1B Visa Petitions).