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Labor Condition Application. 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).
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.
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]
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.
In the LCA, the employer must specify the wage that the non-immigrant worker(s) being hired via the LCA will be paid, and attest that the non-immigrant workers on behalf of whom the application is being made will be paid at or above both these numbers: The actual wage: This is the wage paid to other employees in the company who do the same work.
The J-1 visa requires a Form DS-2019 to be issued by an appropriate Student and Exchange Visitor Program-certified institution. Neither of these steps is part of the application process for a B visa in lieu of a work visa. Rather, the application is made directly to the consulate with all the relevant evidence submitted to the consulate.
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