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An H-1B visa allows employers to temporarily hire foreign workers in specialty occupations that American employees cannot otherwise hold. To work in the US on an H1B visa, you need to file a Labor Condition Application (LCA) with the US Department of Labor (DoL) after the H1B registration lottery.
Before H1B approval, a Labor Condition Application (ETA Form 9035) must be certified. LCAs ensure that foreign workers are paid fairly and that US employers do not take advantage of them. Short for Labor Condition Application, the LCA is a mandatory document that the H1B sponsor/ employer must file with the US Department of Labor. The LCA must be filed before the employer files the H1B petition for non-immigrant workers. It is also one of the reasons why it is commonly called H1B LCA. According to the Immigration and Nationality Act (INA), the LCA is to meet the salary and working conditions for non-immigrant workers.
Like the PERM Labor Certification, the Labor Condition Application does not have a requisite fee attached to it. To file an LCA for an H1B visa, the H1B employer must make the four attestations required by the DoL. Only when you hire an immigration attorney will you incur fees for the LCA.
If your employer is applying for an LCA, there could be delays if the iCert visa portal doesn't recognize the employer or the company's FEIN number. This delay may happen if the LCA is not properly verified before submission.
The LCA is a mandatory and integral part of the H1B visa process. H1B employers must follow all the requirements and regulations to approve their H1B visas. If you are doubtful about how to file an H1B LCA, kindly get help from an immigration attorney. You may also approach TechFetch H1B experts to understand the process. Kindly give us a call to schedule your appointment with our team.
**Disclaimer: All H1B visa processes are subject to change. Kindly refer to the USCIS official website for the latest updates.