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The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
Before an employer can hire a foreign worker under the H-1B visa program, an employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor for certification. The LCA is a legal document that ensures the employment of H-1B workers will not harm the wages or working conditions of U.S. workers in similar roles. [26] [27 ...
The LCA form is the same as for the H-1B visa, but needs to be annotated "H-1B1-Singapore" or "H-1B1-Chile" as the case may be. An employer may use a single LCA for multiple applicants as long as they all fall within the same category (i.e., they must all be in a single one of the categories: H-1B, H-1B1-Singapore, H-1B1-Chile, E-3). [6]
The H-1B visa program allows employers to hire non-U.S. citizens for highly skilled jobs temporarily.
An employer must determine H-1B-dependency status every time the employer files a Labor Condition Application. Further, if an employer who did not file as H-1B-dependent at the time of filing the LCA becomes H-1B-dependent when filing Form I-129, the employer cannot use the LCA and must obtain a new one.
Companies like IBM and Bank of America seek H-1B visas to fill specialized jobs with foreign workers, arguing there aren’t enough domestic applicants.
Elon Musk and Vivek Ramaswamy are calling for the U.S. to admit more foreign tech workers. Not all Republicans agree with them.
For the H-1B visa, a Labor Condition Application needs to be filed with and approved by the U.S. Department of Labor prior to filing Form I-129. The J-1 visa requires a Form DS-2019 to be issued by an appropriate Student and Exchange Visitor Program-certified institution.