Labor Condition Application (LCA)labor condition application

What is an LCA?

A Labor Condition Application is a mandatory document which must be filed by a petitioning employer before they file an H1B petition with the USCIS for a nonimmigrant worker they intend to hire. The employer must attest to certain labor condition statements which are contained in the form and the U.S. Department of Labor must approve the form before the H1B petition is filed with the USCIS.

What Kind of Information is on the Labor Condition Application?

The Labor Condition Application will provide the USCIS with the details of the proposed H1B employment. The information provided on the LCA will include:

  • The job title of position offered;
  • The duration of the job position offered;
  • Information on whether position offered is either full time or not;
  • The total number of positions applied for;
  • The rate of pay, or the salary offered for the position;
  • The location of the job position;
  • The prevailing wage for the same position in that area; and
  • Contact information for the employer and attorney.

Why is it Required?

An LCA is required by the USCIS and U.S. Department of Labor to ensure that a nonimmigrant worker being hired does not adversely affect the wages, earnings, or working conditions of U.S workers. Among the promises that the employer makes in the LCA, the employer states that:

  • The nonimmigrant worker will be paid with earnings that are consistent to the prevailing wage rate in a particular area and that the same benefits are provided to U.S. workers.
  • That the nonimmigrant worker will be offered benefits and eligibility for benefits which are consistent with those offered to U.S. citizen workers.
  • That hiring the nonimmigrant worker will not adversely affect the working conditions of similarly situated U.S. citizen workers and that similar work conditions will be provided to the nonimmigrant worker.

When Should Someone Submit an LCA?

The LCA cannot be accepted by the U.S. Department of Labor more than six months from the date of proposed employment.

How Long is an LCA Valid For?

The LCA remains valid for a maximum period of three years.

If you are interested in obtaining a work-based visa, consider setting up a consultation with an immigration attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

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