To continue delivering top quality immigration services and efficiencies to our clients, and to ease the administrative burdens related to immigration management, Aires is now providing electronic Labor Condition Application (LCA) compliance support with the help of immigration software provided by LaborLess.

Aires will be leveraging LaborLess to post electronic LCAs and create and manage electronic public access files (PAFs), bringing some much-needed automation to the U.S. immigration process. This will provide our clients with both administrative relief and confidence in compliance.

LaborLess was co-founded by former Immigration Attorney Roman Zelichenko, who, through his experience handling a high volume of H-1B cases for his firm’s corporate clients, realized that there was room for automation that other immigration technology solutions weren’t providing.

What is the LCA compliance process?

When an employer wants to submit an H-1B, H-1B1 or E-3 visa application on behalf of a non-U.S. citizen, they must make certain attestations to the U.S. Department of Labor (DOL) about the position, such as the work location, salary, and more. This process was created to safeguard employees’ wages and working conditions.

Companies are also dually required to notify their U.S. employees of their desire to hire or continue to employ a foreign worker in H-1B, H-1B1 or E-3 visa status, and to give them a chance to review those same attestations made to the DOL. Traditionally, employers would handle this process in a very hands-on manner. First, by printing a physical paper notice and posting it in the office in two conspicuous locations, tracking the number of days it was posted (there’s a 10-day minimum posting requirement), then removing the physical notice once the posting period passed, and finally, maintaining a physical audit folder for up to four years in case of a government audit.

Because of the physical nature of this process, employers managed this process themselves – and many still do – despite government regulations allowing for electronic LCA posting and PAF management. Companies following the traditional method are left with boxes full of papers to store, manage, and sift through.

How can LaborLess simplify the process?

LaborLess enables the process to be managed electronically with the posting and tracking of LCA notices, automatic posting removal, and automatic generation and storage of PAFs. This process adds valuable time back into the day and creates a secure and central hub for maintaining LCA compliance. Aires is excited to provide relief and efficiency to a previously burdensome process for our clients.

If you would like to learn how Aires can support and automate your U.S. immigration team’s H-1B, H-1B1 and E-3 visa process, or overall immigration management, please contact your Aires representative or Lead of U.S. Immigration Services at Aires, Diana Mikitin (dmikitin@aires.com).

 

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