User:Vipul/Labor Condition Application: Difference between revisions
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The '''Labor Condition Application''' ('''LCA''') is an application that needs to be approved by the [[United States Department of Labor]] by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses [[H-1B visa|H-1B]], [[H-1B1|H-1B1]] (a variant of H-1B for people from [[Singapore]] and [[Chile]]) and [[E-3 visa|E-3]].<ref name=lii>{{cite web|url=http://www.law.cornell.edu/cfr/text/20/655.730|title = 20 CFR 655.730 - What is the process for filing a labor condition application?|publisher = [[Legal Information Institute]], [[Cornell University Law School]]|accessdate = January 20, 2015}}</ref><ref name=visapro>{{cite web|url=http://www.visapro.com/Immigration-Articles/?a=182&z=48|title = H1B Labor Condition Application: An Overview|accessdate = January 21, 2015}}</ref> |
The '''Labor Condition Application''' ('''LCA''') is an application that needs to be approved by the [[United States Department of Labor]] by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses [[H-1B visa|H-1B]], [[H-1B1|H-1B1]] (a variant of H-1B for people from [[Singapore]] and [[Chile]]) and [[E-3 visa|E-3]] (a variant of H-1B for workers from [[Australia]]).<ref name=labor>{{cite web|url=http://www.foreignlaborcert.doleta.gov/h-1b.cfm|title = H-1B, H-1B1 and E-3 Specialty (Professional) Workers|publisher = [[United States Department of Labor]], [[Employment & Training Administration]]|accessdate = January 21, 2015}}</ref><ref name=lii>{{cite web|url=http://www.law.cornell.edu/cfr/text/20/655.730|title = 20 CFR 655.730 - What is the process for filing a labor condition application?|publisher = [[Legal Information Institute]], [[Cornell University Law School]]|accessdate = January 20, 2015}}</ref><ref name=visapro>{{cite web|url=http://www.visapro.com/Immigration-Articles/?a=182&z=48|title = H1B Labor Condition Application: An Overview|accessdate = January 21, 2015}}</ref> |
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==Conditions== |
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A Labor Condition Application must include documentation for the following four things, and the employer must maintain this documentation even after the application has been approved.<ref name=conditions>{{cite web|url=http://www.foreignlaborcert.doleta.gov/pdf/h1bcl.pdf|title = Labor Condition Application Cover Pages|accessdate = January 21, 2015|publisher = [[United States Department of Labor]] [[Employment & Training Administration]]}}</ref> The employer must attest to these conditions in Section F of the Form 9035. |
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===#1: Wages (the prevailing wage requirement)=== |
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The employer must attest, and may need to furnish documentation upon rest, to show that the non-immigrant workers on behalf of whom the application is being made will be paid at or above both these numbers: |
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* The wage paid to other employees in the company who do the same work. |
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* The prevailing wage for that occupation in the geographical area. |
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The employer must make similar attestation regarding non-wage benefits offered. |
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===#2: Working conditions=== |
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The employer must attest that the hiring of non-immigrant workers will not adversely affect the working conditions of similarly employer workers at the company, and that the non-immigrant workers will be offered similar working conditions as native US workers. |
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===#3: Strike, lockout, or work stoppage=== |
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The employer must attest that on the day the application is filed, there is not a strike, lockout, or work stoppage in the named occupation at the place of employment and that, if such |
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a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA within three (3) days of such occurrence and |
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the application will not be used to file a work authorization petition until the ETA has determined that the work stoppage has ceased. |
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===#4: Notice=== |
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The employer must attest that as of the date of application, notice of the application has been or will be provided both to workers within the company in the said application. Also, the (prospective) workers on whose behalf the application is filed must be provided a copy of the application. |
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==Process== |
==Process== |
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===Approval=== |
===Approval=== |
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The United States Department of Labor typically takes up to 7 days to approve or reject a LCA. Rejection is accompanied by an explicit listing of problems with the applications. The employer may resubmit the LCA after addressing the problems.<ref name=rfsuny>{{cite web|url=http://www.rfsuny.org/media/RFSUNY/Procedures/per_labor-condition-application-h1b-e3-nonimmigrants_pro.htm|title = Labor Condition Application for H-1B and E-3 Nonimmigrants|date = Janaury 21, 2015}}</ref> |
The United States Department of Labor typically takes up to 7 days to approve or reject a LCA.<ref name=labor/> Rejection is accompanied by an explicit listing of problems with the applications. The employer may resubmit the LCA after addressing the problems.<ref name=rfsuny>{{cite web|url=http://www.rfsuny.org/media/RFSUNY/Procedures/per_labor-condition-application-h1b-e3-nonimmigrants_pro.htm|title = Labor Condition Application for H-1B and E-3 Nonimmigrants|date = Janaury 21, 2015}}</ref> |
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==Relation with the application process for employment authorization and getting a visa== |
==Relation with the application process for employment authorization and getting a visa== |
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A LCA petition approved by the United States Department of Labor must be submitted as part of the application for work authorization for H-1B, H-1B1, or E-3 status. This is true both for people applying for their first H-1B work authorization and for people transferring to a different job. LCA petitions can be submitted year-round. However, for those applying for their first work authorization under the capped H-1B, where applications can generally be made only in the first few weeks of April because of caps for every fiscal year, they need to make sure the LCA petition is approved in time for the H-1B application cycle. |
A LCA petition approved by the United States Department of Labor must be submitted as part of the application for work authorization for H-1B, H-1B1, or E-3 status.<ref name=lii/> This is true both for people applying for their first H-1B work authorization and for people transferring to a different job.<ref name=murthy>{{cite web|url=http://www.murthy.com/2011/08/19/h1bs-cannot-be-transferred-and-other-h1b-matters/|title = H1Bs Cannot Be “Transferred” and Other H1B Matters|date = August 19, 2011|accessdate = January 21, 2015|publisher = Murthy Law Firm}}</ref> LCA petitions can be submitted year-round. However, for those applying for their first work authorization under the capped H-1B, where applications can generally be made only in the first few weeks of April because of caps for every fiscal year, they need to make sure the LCA petition is approved in time for the H-1B application cycle. |
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==References== |
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{{reflist}} |
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Revision as of 04:21, 22 January 2015
The Labor Condition Application (LCA) is an application that needs to be approved by the United States Department of Labor by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).[1][2][3]
Conditions
A Labor Condition Application must include documentation for the following four things, and the employer must maintain this documentation even after the application has been approved.[4] The employer must attest to these conditions in Section F of the Form 9035.
#1: Wages (the prevailing wage requirement)
The employer must attest, and may need to furnish documentation upon rest, to show that the non-immigrant workers on behalf of whom the application is being made will be paid at or above both these numbers:
- The wage paid to other employees in the company who do the same work.
- The prevailing wage for that occupation in the geographical area.
The employer must make similar attestation regarding non-wage benefits offered.
#2: Working conditions
The employer must attest that the hiring of non-immigrant workers will not adversely affect the working conditions of similarly employer workers at the company, and that the non-immigrant workers will be offered similar working conditions as native US workers.
#3: Strike, lockout, or work stoppage
The employer must attest that on the day the application is filed, there is not a strike, lockout, or work stoppage in the named occupation at the place of employment and that, if such a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA within three (3) days of such occurrence and the application will not be used to file a work authorization petition until the ETA has determined that the work stoppage has ceased.
#4: Notice
The employer must attest that as of the date of application, notice of the application has been or will be provided both to workers within the company in the said application. Also, the (prospective) workers on whose behalf the application is filed must be provided a copy of the application.
Process
Submission
The recommended process for submission of LCAs is through the Department of Labor's online system iCert that is available at all times.[3][5]
Approval
The United States Department of Labor typically takes up to 7 days to approve or reject a LCA.[1] Rejection is accompanied by an explicit listing of problems with the applications. The employer may resubmit the LCA after addressing the problems.[6]
Relation with the application process for employment authorization and getting a visa
A LCA petition approved by the United States Department of Labor must be submitted as part of the application for work authorization for H-1B, H-1B1, or E-3 status.[2] This is true both for people applying for their first H-1B work authorization and for people transferring to a different job.[7] LCA petitions can be submitted year-round. However, for those applying for their first work authorization under the capped H-1B, where applications can generally be made only in the first few weeks of April because of caps for every fiscal year, they need to make sure the LCA petition is approved in time for the H-1B application cycle.
References
- ^ a b "H-1B, H-1B1 and E-3 Specialty (Professional) Workers". United States Department of Labor, Employment & Training Administration. Retrieved January 21, 2015.
- ^ a b "20 CFR 655.730 - What is the process for filing a labor condition application?". Legal Information Institute, Cornell University Law School. Retrieved January 20, 2015.
- ^ a b "H1B Labor Condition Application: An Overview". Retrieved January 21, 2015.
- ^ "Labor Condition Application Cover Pages" (PDF). United States Department of Labor Employment & Training Administration. Retrieved January 21, 2015.
- ^ "Labor Condition Application (LCA)". USA Visa Now. Retrieved January 21, 2015.
- ^ "Labor Condition Application for H-1B and E-3 Nonimmigrants". Janaury 21, 2015.
{{cite web}}: Check date values in:|date=(help) - ^ "H1Bs Cannot Be "Transferred" and Other H1B Matters". Murthy Law Firm. August 19, 2011. Retrieved January 21, 2015.