BUSINESS IMMIGRATION
The Labor Condition Application
The Labor Condition Application (LCA) is a form that a sponsoring employer files with the Department of Labor (DOL) on behalf of any H-1B, H-1B1, or E-3 employee that the employer may be hiring. Without an LCA, the employer cannot file the I-129 petition for the H-1B visa.
The LCA Application Process
To get a Labor Condition Application, your employer needs to file an ETA 9035 with the DOL before the beginning of the H-1B filing window. This way, you can avoid the risk of having the two overlap, causing you to miss the filing window.
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The Department of Labor requires employers maintain documentation supporting that the following four main labor conditions have been met:
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- Wages and benefits: Employers must provide nonimmigrant workers the same or better wages and benefits that are provided to other company employees doing similar work.
- Working conditions: The employer must prove that hiring the beneficiary will not negatively impact the working conditions of the current employees. Also, the beneficiary must be given similar working conditions to those of the current employees in the same position.
- Labor disputes: The employer must show that no strike, lockout, or any other cessation of work is in effect when the Labor Condition Application is filed.
- Notice: The employer must show that all current employees have been notified of the intent to hire the beneficiary and that it was not done secretly.
What is the difference between a Labor Condition Application and a PERM Labor Certification?
The Labor Condition Application is exclusively for the H-1B, H-1B1, or E-3 and simply requires that the employer properly informs current workers of the intent to hire as well as ensuring that the worker is not being hired to replace striking workers.
The PERM labor certification, on the other hand, is used for employment-based immigrant visas. Green cards such as the EB-2 or EB-3 require the PERM labor certification. With a PERM, your employer must go through a thorough recruitment process in order to determine that no eligible U.S. workers are available for the position. Therefore, the PERM labor certification is a much more complicated process than the LCA.
How much does a Labor Condition Application cost?
There is no filing fee for the Labor Condition Application.
What is the Labor Condition Application processing time?
The typical processing time to acquire a Labor Condition Application is 7 days, but this can easily vary from case to case.
Let one of our Atlanta immigration attorneys evaluate your case today.
The Potra Law Firm has a team of dedicated Atlanta work visa attorneys that can help individuals get their LCAs and successfully petition for the H-1B, H-1B1, or E-3 visa. We work with individual beneficiaries, as well as sponsoring employers.
