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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).
USCIS guarantees a response within 15 calendar days, or the $2,500 will be refunded (and the case will continue to receive premium treatment.) Although the H-1B1 transfer of status processed in the same pool as other H1B I-129 change-of-status or extension of stay applications, it is ineligible for Premium Processing. Cap-Gap Extension
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 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.
A public access file (sometimes capitalized as Public Access File, sometimes abbreviated as PAF, and also called a public examination file) is a file that needs to be maintained by any United States employer hiring people in H-1B, H-1B1, or E-3 temporary nonimmigrant worker statuses.
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.
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Prior to this Act, there were 195,000 slots available under the annual H-1B cap. Nonprofit research institutions were exempt from the cap, and people who had been counted towards the cap already (such as if they were transferring jobs or extending a 3-year H-1B by another 3 years) could apply without being counted against the cap as long as they weren't going over their 6-year limit.