H-1B Visas: The Labor Condition Application (LCA)

H-1B Visas: The Labor Condition Application (LCA)

Under the Immigration and Nationality Act (INA), H-1B visas can be issued to qualified foreign workers. To be eligible for this type of employment visa, an applicant must work in a specialty occupation and they must be sponsored by a U.S.-based employer.

When employers are seeking to sponsor a worker for an H-1B visa, there are many requirements that must be met. In this post, our dedicated Chicago H-1B visa attorneys highlight one of the most important steps for employers: completing and submitting the labor condition application (ETA Form 9035 & 9035E).

What is the Labor Condition Application?

The Labor Condition Application or LCA is a form that must be completed and submitted by any company that is seeking to employ nonimmigrant foreign workers. If your company wants to sponsor a worker for an H-1B visa, or another similar type of nonimmigrant employment visa,  then this application form must be sent to and approved by the U.S. Department of Labor (DOL).

Employer Attestations

The primary purpose of the Labor Condition Application is to ensure that U.S.-based companies provide sufficient documentation and information regarding the employment status of nonimmigrant workers. Specifically, the following four basic labor-related conditions must be met:

• Wages & benefits: Employers must attest to the fact that they are paying H-1B visa workers wages & benefits that are at the market rate for similar jobs in the prevailing geographic area.
• Working conditions: Employers must offer H-1B visa workers similar working conditions than those that are being offered to native born employees.
• Labor disputes: Employers must attest to the fact that there is no active labor dispute taking place at the location where they are seeking to hire H-1B workers.
• Adequate notice: American employers must provide notice of the application to any current or prospective workers that have a material relationship to the LCA that is being filed.

Once an LCA is submitted to the U.S. Department of Labor, businesses can typically expect a response within fourteen days. If the LCA is rejected, then the DOL should provide the specific reasons for the rejections. This is important as it gives the employer an opportunity to remedy the problem.

Contact Our Illinois Immigration Lawyers Today

At Kriezelman Burton & Associates, LLC, we help qualified applicants obtain H-1B visas. If you have any questions or concerns about the H-1B visa process, please do not hesitate to contact us today for a confidential case evaluation. With offices in Chicago, Northbrook, and Waukegan, our immigration lawyers serve communities throughout Northern Illinois.