H-1B Work Visa Sponsor to file Labor Condition Application (LCA) with Department of Labor (DOL)

 

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.

H-1B Work Visa–Complete Process Trail

 

Below, I’ve summarized complete H-1B Work Visa Process Trail. Later on, I’ll pick each one of them and will walk you through every step in detail, to help you understand the process completely:

1. Find an H-1B Sponsor and Pass their selection criteria
2. Receive and Accept the Offer Letter from the Sponsor
3. Send related documents to the Sponsor
4. The Sponsor will file Labor Condition Application (LCA) with Department of Labor (DOL)
5. Once LCA is certified, the Sponsor will file H-1B Petition I-129 with U.S. Citizenship and Immigration Services (USCIS) and USCIS will send the I-797 Receipt Notice to the Sponsor.
   • How to check your H-1B Case Status?
   • What is Request for Evidence (RFE)?
   • Responding Request for Evidence (RFE)
   • Why Request for Evidence (RFE)? Recent Trends
   • Request for Evidence (RFE) Processing Time
6. Once approved USCIS will send an Approval Notice I-797B
   • What is H-1B Approval Notice I-797B and How it looks like?
   • H-1B Petition I-129 Processing Time and Trends
7. The Sponsor will send the I-797 along with other documents to you
8. Submit H-1B Visa Application DS-160 online on USCIS website.
9. Submit DS-160, documents and Fee to American Express and get your interview scheduled in the U.S. Embassy or Consulate
10. Appear for the Visa Interview at US Embassy/Consulate 
    1. Possible Interview Questions That May Be Asked By Visa Officer During H-1B Visa Interview @ US Consulate or Embassy
    2. On the Interview Day - US Embassy/Consulate’s Interview Process for H-1B Visa Applicants
    3. 221(g) Administrative Processing and the Actual Visa Stamping
    4. Check your Visa Application Status Online
    5. Check Current Visa Application Processing or Wait Time
    6. Delay in Visa Stamping – Send Inquiry to US Embassy or Consulate
11. Once approved, you are eligible to fly to USA