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  • Article: H-1B Practice Tip - LCAs with multiple beneficiaries and required attachment. By Dino Palangic et. al.

    H-1B Practice Tip - LCAs with multiple beneficiaries and required attachment


    Attorneys for H-1B employers with multiple openings for the same position, location(s), and salary (or salary range), often list multiple beneficiaries on the Form ETA 9035 (Labor Condition Application).

    This enables the employer to use the same certified LCA for multiple (as above described) identical or sufficiently similar position falling under the same SOC/ONET Code and other LCA-related conditions.

    However, it is employer's duty to keep strict record of the LCA usage, and notify the USCIS each time a "slot" on the certified LCA is used, so that both the employer and the USCIS may track use of the available "slots" on the LCA.

    This is accomplished by filing an attachment to Form I-129 and LCA (ETA 9035) each time new H-1B petition is filed pursuant to that certified LCA. A sample of such attachment is enclosed to this Weekly Tip (download the Word Document here) and we hope that you will find it useful.

    Reprinted with permission.

    About The Author

    Dino Palangic is the founder of Faveo Paralegals which provides per-case, flat-fee immigration paralegal services to law firms and in-house legal departments of corporations across the United States. They are U.S. based and available via email, phone, or Skype. Their staff previously worked for top U.S. national law firms and in-house departments of major Fortune 500 Corporations. Their paralegals adhere to the highest ethical and professional standards set for paralegals by the American Bar Association.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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