The United States Citizenship and Immigration Services and the Department of Labor (DOL) require that employers complete an LCA to ensure that the employment of H-1B/E-3 visa holders does not adversely affect the wages and working conditions of U.S. workers, as required by the Immigration Act of 1990.
The United States Citizenship and Immigration Services and the Department of Labor (DOL) require that employers complete an LCA to ensure that the employment of H-1B/E-3 visa holders does not adversely affect the wages and working conditions of U.S. workers, as required by the Immigration Act of 1990.
By signing and submitting a completed LCA, the employer affirms that:
To classify the position, operating locations must obtain a detailed job description from the project director and review the occupational classification from the Department of Labor's Dictionary of Occupational Titles (DOT). DOT classifications are available from the LCA instructions within ETA 9035CP.
The job description and DOT classification should be used to determine the correct Research Foundation position classification. The Office of Human Resources is also available to assist with position classifications.
The labor condition application (LCA) is valid for the period of employment up to a maximum of three years.
Labor Condition Application Takes Effect Today
Assuming that the employer can file an amended or new H-1B visa petition on behalf of the candidate, the first step in the process is filing a Labor Condition Application for Nonimmigrant Workers (LCA) and obtaining certification from the Department of Labor. The H-1B visa petition can only be filed when and if the LCA is certified by the Department of Labor.
In an effort to ensure that the U.S. labor market is not undermined by the hiring of foreign nationals at low wages, there are several attestations and activities required of the employer relating to the LCA.
The LCA requires the employer to confirm that as of the date of the LCA being filed, notice of the LCA has been or will be provided to workers employed in the named occupation. The LCA, including position, salary and location, must be posted in two conspicuous locations at the employee’s work site. Such notice must be posted on or within 30 days prior to the LCA being filed and must remain posted for at least 10 days.
Once prepared, the LCA is filed online and is typically certified by the Department of Labor in 10 business days.
The employer's responsibilities continue during the employment of the H-1B visa holder. As long as the employer continues to employ the H-1B visa holder, the employer must continue to pay the employee at least the wage indicated on the LCA and in the indicated geographic location. If there are any material changes to the employment a new LCA must be filed as well as a new or amended H-1B visa petition. Changes to any of the following must be reported to OIS prior to the enactment of the change: