n this article, you will learn about:
- H1B LCA
- LCA Requirements
- Employer requirements for LCA
Before you read further to know about the LCA requirements, do check the complete details of Labor Condition Application.
What is an LCA?
LCA stands for Labor Condition Application, a crucial prerequisite for H1B approval. If you want to submit your H1B petition to the USCIS, it must be filed along with an LCA certified by the US Department of Labor. All H1B petitions are filed by employers on behalf of their foreign employees. Hence, employers must also document compliance with LCA requirements in a public access file.
The LCA is considered an integral part of the H1B filing since it has the following information about the prospective foreign employee:
- Job title
- Duration and location of the job
- Prevailing wage for the same job position in that area
- If it is a full time or part-time job
- Remuneration for that position
- Number of employees ( Employees can file one LCA on behalf of multiple employees applying for the same job.)
- Employer's contact details
Here are some interesting details about the LCA.
- A single LCA can be used for multiple h1B positions
- Each LCA is limited to a single job title with specific job duties for a specific location
- LCA is also required for H1B1 citizens of Singapore and Chile and E-3 work visas for Australian citizens
Also Read: The Rules, Requirements & Other Details About H1B Wages
Employer Eligibility Requirements for Filing LCA
As far as LCA is concerned, there are many eligibility requirements that employers have to fulfill. They must:
- Offer a job position that requires the theoretical and practical application of highly specialized skills and expertise.
- Ensure the applicant has a bachelor's or a master's degree in a specific specialty to work in the U.S.
- Include a Form ETA 9035 and 9035 E or the certified LCA along with Form I-129, which is a Petition for a non-immigrant worker.
- Pay the H-1B worker a salary that is no less than what is paid to similarly qualified workers or pay the existing salary for the job position in the location in which the H-1B employee is working.
- Provide the kind of working conditions that will not unfavorably affect other employees.
- Verify there are no lockouts or strikes at the time of LCA application.
- Provide notification within three days of any such incident happening. ( The LCA will not be filed for work authorization until the ETA ensures that the issue is solved and the work stoppage has ceased.)
- Ensure the LCA filing is posted at the place of the job.
- Make sure the filing is posted at the employment place or given to the bargaining representative from the Union.
Kindly note that the LCA requires mandatory attestation. Any violation of these LCA attestations can result in fines or even bar the employer from filing visa petitions for one or three years maximum. Such violations will also make the employer liable for paying back wages.
The LCA form is a vital document filed in advance of applying for a visa. An applicant for a visa must ensure that their employer has already taken care of it; otherwise, they won't be able to begin the process. An H1B employer should adhere to the attestations he has given in the LCA.
If you want to know more about the Labor Condition Application, please check TechFetch H1B.
**Disclaimer: All H1B processes are subject to change. Kindly refer to the USCIS official website for the latest details.