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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).
The H-1B is a foreign worker visa in the United States that allows U.S. employers to hire foreign workers in so-called specialty occupations. The regulation and implementation of the visa program is carried out by the United States Citizenship and Immigration Services (USCIS) within the United States Department of Homeland Security (DHS).
Similar to an H-1B visa, the prospective employer of the E-3 visa holder will first apply for a Labor Condition Application (LCA) with the U.S. Department of Labor, with a note at the top of the form indicating it is for an E-3 visa for an Australian citizen. After the LCA is approved, the Australian citizen will then apply for the actual visa ...
The first part of the Permanent Labor Certification is the Prevailing Wage Determination (PWD). Before the labor market can be tested to see whether any U.S. workers are willing and qualified to work in a given position for which a foreign citizen is being sponsored, the Department of Labor is required to determine what the average prevailing U.S. wage for that position is.
Form I-140 is a similar form filed by an employer or prospective employer for a worker for an employment-based visa (EB-1 visa, EB-2 visa or EB-3 visa). These employment-based visas are immigrant visas, and lead to Green Cards. The key difference between Forms I-140 and I-129 is that they are for immigrant and non-immigrant visas respectively.
(In the case of the H-1B) the employee will be paid at or above the prevailing wage for that job and intended employment area (this is part of the Labor Condition Application for the H-1B status). The employee is adequately qualified for skilled work. The standard of qualification and the nature of evidence needed varies based on the type of ...
EBSA is led by the Assistant Secretary of Labor for Employee Benefits Security, a Sub-Cabinet-level position requiring nomination by the President of the United States and confirmation by the United States Senate. The office is currently held by Lisa Gomez, who was sworn in as Assistant Secretary on October 11, 2022.
The American Competitiveness and Workforce Improvement Act (ACWIA) was an act passed by the government of the United States on October 21, 1998 (while Bill Clinton was President of the United States), pertaining to high-skilled immigration to the United States, particularly immigration through the H-1B visa, and helping improving the capabilities of the domestic workforce in the United States ...