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
An H-1B petition is valid for the period of validity requested by the U.S. employer. However, the period of validity cannot exceed 3 years. Further, the total period of validity in H-1B status is 6 years. This can be extended under certain circumstances.
After the H-1B petition is filed, the USCIS will issue a receipt notice. After reviewing the H-1B petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for an H-1B petition is 3-6 months from filing. The H-1B petition may be filed along with a… Read More
At present, the filing fee is $325. In addition, the USCIS collects an American Competitiveness and Workforce Improvement Act (ACWIA) fee that is either $750 (if the U.S. employer employs less than 25 employees) or $1500 (if the U.S. employer employs 25 or more employees). Finally, if the foreign worker is a new employee, the… Read More
If the foreign worker is subject to the annual numerical limit, or H-1B cap, then the H-1B petition can be filed up to 6 months before the start date (April 1st for an October 1st start date). If the foreign worker is not subject to the H-1B cap (was previously granted H-1B status in the… Read More