Yes. The LCA must be certified by the Department of Labor. After certification, the LCA and is filed along with the H-1B petition with the USCIS.
FAQs about the Labor Condition Application (LCA)
A LCA is valid for the period of validity requested by the U.S. employer. However, the period of validity cannot exceed 3 years.
The LCA is filed online and is certified within 7 business days of filing.
There is no filing fee.
The LCA is filed online with the Department of Labor.
No. The entity or individual filing the LCA must be a U.S. employer.
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
The term ‘prevailing wage’ rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center (NPWC) or by accessing other legitimate sources of information.
The U.S. employer must attest to the following: employer will pay nonimmigrants at least the local prevailing wage or the employer’s actual wage, whichever is higher; employer will provide working conditions for nonimmigrants which will not adversely affect the working conditions of workers similarly employed; there is no strike, lockout, or work stoppage in the… Read More
The form filed by the U.S. employer with the Department of Labor attesting that the employer will meet certain conditions with respect to the foreign worker.