MDIVANI CORPORATE IMMIGRATION UPDATE

My employee left the company… Do I have any duties regarding the Labor Condition Application (LCA)?

When an H-1B employee is terminated from employment, employers often wonder what steps need to be taken. Aside from the obligations in the H-1B regulation, employers may have additional responsibility in regard to the Labor Condition Application (LCA). Question: Does the LCA regulation specify that the employer needs to revoke the LCA? Answer: The LCA regulation does not require employers to notify the Department of Labor (DOL) to terminate the LCA, however, it is advisable because the employer’s liability under the LCA continues for a period of one year after the earlier of the end date of the LCA or the termination of the LCA. 20 CFR 655.760(c). Question: How do you revoke an existing

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United States

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