This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.
Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements:
- The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
- The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.
Source: USCIS
A single Labor Condition Application for H1B may be filed for multiple positions. Each LCA is limited to one occupation with specified job duties.
The LCA must be certified by the DOL and submitted with the Form I-129 before the H1B petition may be approved by USCIS.
Labor condition applications are filed online using the iCERT system
An application which is complete and has no obvious inaccuracies will be certified by the Department and returned to the employer, who may then file it in support of its petition for an H1B visa nonimmigrant with the United States Citizenship and Immigration Service USCIS (USCIS).
Current LCA processing time is 7 days.