We are alerting clients to a recent increase in activity surrounding Labor Condition Applications (LCAs) that could expose employers to significant compliance risks.
Several U.S. companies have reported receiving emails from individuals referencing LCAs posted by the company—often generated via Guest Worker Visas https://—and copying members of Congress. These messages typically request consideration for employment and may be a precursor to formal complaints filed with the Department of Labor’s Wage and Hour Division or the Department of Justice’s Immigrant and Employee Rights Section.
This is apparently supported by a group of individuals who are hoping to have companies penalized for errors made in the immigration process. This is similar to the effort encouraging U.S. workers to apply for job openings posted as part of the Department of Labor PERM process.
Why This Matters: These inquiries are not just noise—they are a signal. If your public access files (PAFs) are not fully compliant with Department of Labor regulations, your company could face:
- Fines up to $59,725 per violation for LCA noncompliance
- Debarment from the H-1B program for up to three years
- Back pay obligations for back wages
- Reputational damage
Recent updates to DOL enforcement practices have introduced stricter audit protocols and heightened scrutiny of hybrid work arrangements, wage documentation, and LCA postings.
What You Can Do: We strongly recommend a proactive audit of your public access files to ensure full compliance with 20 CFR §655 Subparts H & I. This includes verifying:
- Proper posting and retention of LCAs
- Accurate wage documentation and prevailing wage sources
- Timely updates to PAFs following any employment changes
- Accessibility of records for public inspection within one working day of LCA filing.
Our team has deep experience conducting these audits and can help you identify and resolve any gaps before they become liabilities. Please contact your attorney for more information, including costs and timing, or email us at info@grahamadair.com.