Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models

The Employment and Training Administration (ETA) and the Employment Standards Administration (ESA) of the Department of Labor (DOL or Department) are hereby announcing an enforcement policy regarding a provision of the regulations governing the enforcement of labor condition applications filed by employers seeking to employ foreign workers in specialty occupations and as fashion models of distinguished merit and ability under the H-1B nonimmigrant visa classification. Under the Immigration and Nationality Act (INA), an employer seeking to employ such a nonimmigrant is required to file a labor condition application with DOL before the Immigration and Naturalization Service (INS) may approve an H-1B visa petition. The labor condition application process is administered by ETA; complaints and investigations regarding labor condition applications are the responsibility of ESA.