April 25, 2019

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DOL Issues Guidance on H-1B LCA Electronic Posting

The Immigration and Nationality Act and H-1B regulations require employers to notify their U.S. employees of their intent to hire H-1B nonimmigrant workers in connection with filing an H-1B Labor Condition Application. USCIS regulations allow employers to satisfy the notice obligation by posting a hard copy, electronic notification, or, when applicable, by notice to a collective bargaining representative. Many employers are now using electronic posting to provide the required notification to affected employees.

In a DOL Field Assistance Bulletin dated March 15, 2019, DOL indicates that employers choosing to communicate the required information electronically must ensure that all affected employees, including those employed by a third-party employer, have access to, and are aware of, the electronic notification. For more information and details about the H-1B notice requirements, please click here for DOL’s Field Assistance Bulletin.

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About this Author

Anthony Tony Derosby Immigration Attorney
Partner

Tony Derosby leads Pierce Atwood’s Immigration Practice Group. He has advised and supported business immigration clients on immigration and global mobility issues for more than 25 years.

Tony helps clients achieve business objectives in the recruitment, hiring, transfer, and retention of international personnel. He serves as immigration counsel for clients in a variety of industries, including health care, technology, education, finance, insurance, manufacturing, transportation, recreation, hospitality, forest products, and energy. His clients include publicly-traded and privately-...

207-791-1343
Katie Nokes Minervino Employment Immigration Attorney
Partner

Katie Minervino has been practicing exclusively employment-based immigration law for the past ten years, helping employers and employees create and execute immigration strategies to meet their short- and long-term immigration needs.

Katie has a national business immigration practice that includes obtaining immigration benefits for workers in a variety of industries and in a wide range of immigration work authorized categories, and she works closely with clients to ensure their immigration needs are met in a timely and efficient manner by corporate immigration attorneys who are personally engaged in and invested in each process. Katie also has specialized expertise on employer compliance in verifying the employment authorization of US workers. She is the current Vice-Chair of the American Immigration Lawyers Association Verification & Worksite Enforcement Liaison Committee and tracks closely developments relating to the Form I-9, E-Verify, and other enforcement-related developments. 

Honors & Distinctions

  • Recognized by Chambers USA 2018 as an "Up and Coming" attorney in Labor and Employment: Immigration

  • Received a 2013 Outstanding Service Award from the Immigrant Legal Advocacy Project in Maine for pro bono representation of asylum seekers. Katie has been honored through the Katahdin Counsel Recognition Program (2012, 2013, 2014) created by the Maine Supreme Judicial Court for her pro bono service.

  • Received the firm's first-ever Scribner Firm Impact Award for her work to keep pro bono and community service top-of-mind at the firm.

  • Co-chair of the Pierce Atwood Diversity and Inclusion Committee. 

Professional Activities

  • Current Vice-Chair (2017-2018) of the American Immigration Lawyers Association Verification & Worksite Enforcement Liaison Committee

  • Member, AILA, Verification & Worksite Enforcement Liaison Committee 2014-2015, 2015-2016, and 2016-2017

  • Frequent speaker on immigration-related topics

Civic Activities

  • Pro bono panel attorney, Immigrant Legal Advocacy Project

EDUCATION

  • University of Miami School of Law, J.D., cum laude (2007)

  • University of Notre Dame, B.A., magna cum laude (2004)

BAR ADMISSIONS

  • Maine

  • U.S. District Court, District of Maine

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