The new ETA Form 9035, Labor Condition Application, cleared the Office of Management and Budget last Thursday, October 18, 2018. The announcement from OMB, which can be found here, states that the current form can be used until new changes are fully implemented in the DOL’s electronic system and that the agency intends to implement changes to the electronic system October 24-31, 2018.
AILA’s DOL Liaison Committee has reached out to DOL for clarification on when the new LCA will be implemented, and DOL has confirmed that the new form will NOT be implemented between October 24-31, 2018, and the information given to the DOL liaison committee during the September 26, 2018 Quarterly Stakeholder Meeting is still valid. OFLC will publicly announce a transition plan for the new LCA, expected to be implemented over 30-45 days, which will include instructions on when the old form will expire and a date by which stakeholders must begin using the new form.
Please note that OFLC has previously confirmed that certified LCAs can continue to be used for as long as the certification remains valid, regardless of which version of the form was used.
Source: AILA Doc. No. 18102436.
