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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).
The Labor Condition Application (LCA) included in the H-1B petition is supposed to ensure H-1B workers are paid the prevailing wage in the labor market or the employer's actual average wage, whichever is higher, but there is evidence some employers get around these provisions and avoid paying the prevailing wage despite stiff penalties for ...
As is the case with the H-1B visa and E-3 visa, the employer needs to have a Labor Condition Application (LCA) approved by the United States Department of Labor in order for the employee to be eligible for the H-1B1 status or visa. [4]
By far, the temporary work visa categories with the most issuances are H-2A, H-1B, and H-2B, representing 84.1% of the total work visa categories given out in 2023.
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.
Musk and other tech barons argued this week that the H-1B visa program is critical to ensuring American companies can find highly skilled labor which may not be easily available in the U.S. labor ...
“The H-1B program has many flaws that have become especially evident in light of recent mass layoffs in the tech sector,” wrote researchers from the Economic Policy Institute, a pro-labor ...
Labor Condition Application Permanent Labor Certification Type of visa: Temporary work visa: H-1B, H-1B1, or E-3: Employment-based visa (such as EB-2 visa, or EB-3 visa) that provides a path to permanent residency (a Green Card) Typical time for approval: Less than a week: 6-24 months Burden of proof