IM. T: Please read these instructions carefully before completing the Form ETA- or E – Labor Condition. Application (LCA) for Nonimmigrant Workers. am undertaking all the obligations that are set out in the LCA (Form ETA E) and the accompanying instructions (Form ETA CP). Form ETA /E, Labor condition application (LCA), is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant .
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The form used to submit the application is ETA Form A Labor Condition Application must include four attestations from the employer. Employers need to maintain relevant documentation and may need to submit it if asked. eat
The employer must attest, and may need to furnish documentation upon request, to show that the non-immigrant workers on behalf of whom the application is being made will be paid at or above both these numbers: The employer must attest that the hiring of non-immigrant workers will not adversely affect the working conditions of similarly employed workers at the company, and that the non-immigrant workers will be offered similar working conditions as native US workers.
The employer must attest that on the day the application is filed, there is not a strike, lockout, or work stoppage in the named occupation at the place of employment and that, if such a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA within three 3 days of such occurrence and the application will not be used to file a work authorization petition until the ETA has determined that the work stoppage has ceased.
The employer must attest that as of the date of application, notice of the application has been or will be provided both to workers within the company in the said application. Also, the prospective workers on whose behalf the application is filed must be provided a copy of the application.
The employer may resubmit the LCA after addressing the problems. For E-3, the LCA is valid for only two years. LCA petitions can be submitted year-round. However, for those applying for their first work authorization under the capped H-1B, where applications can generally be made only in the first few weeks of April because of caps for every fiscal year, they need to make sure the LCA application is approved in time for the H-1B petition cycle.
They can directly apply for the H-1B1 or E-3 visa at their local consulate based on the approved LCA and other supporting documents. Those already in the United States who are switching status or employer do need to file Form I Based on the Portability Rule of the American Competitiveness in the 21st Century Act AC21 ofa person on H-1B status may switch to a new job and begin the new job after the Form I H-1B petition has been received by United States Citizenship and Immigration Services but does not need to wait for the petition to be approved.
Failure to file the LCA on time has been cited as one of the top mistakes that H-1B employer applicants make. An employer can use a single LCA for multiple employees provided they are all in the same occupation and the same visa class i.
Also, in the case of H-1B-dependent employersdifferent petitions must be used for exempt and non-exempt workers. An employer is considered H-1B-dependent if the number of H-1B employees crosses a threshold relative to the total number of employees: The employer promises not to displace any similarly employed US worker within the period beginning 90 days before and ending 90 days after the date of filing the H-1B nonimmigrant petition note that this is not the date of the LCA filing.
Labor Condition Application
The employer promises not to place the employee at another employer’s worksite unless the employer has made a bona fide inquiry as to whether fform other fprm has displaced or intends to displace a US worker any time between 90 days before and 90 days after the placement, and has no contrary knowledge.
If the other employer makes such a displacement, the employer applicant may be subject to civil money penalties and disbarment.
Prior to filing any petition for a H-1B nonimmigrant pursuant to the application, the employer took or will take good faith steps to meet industry-wide standards to recruit US workers for the job for which the nonimmigrant is sought, offering compensation at least fogm great as that required to be offered to the non-immigrant. The employer will has offer ed the job to an equally or better qualified US worker.
The Center for Immigration Studiesa think tank that advocates strict limits on immigration and has been critical of temporary worker programs, has ea used the available data on LCAs to better understand and critique the H-1B program. However, the United States Citizenship and Immigration Services releases much more coarse data on approved H-1B Form I petitions, rather than data at the level of individual petitions, leading researchers and analysts to rely on LCA data more despite its flaws.
Any employer filing a Labor Condition Application for H-1B, H-1B1, or E-3 petitions is required to maintain a public access file for each worker on such a status, as long as the worker is working and up to one year later. This file is intended to provide additional explanation for the 9035d the employer filled the Labor Condition Application. The Public Access File must include: The public access file must be made available to any member of the public within a few days of a request being made.
Not having a Public Access File available at short notice is itself a compliance failure, even if the employer can generate the file i. Employers also need to maintain additional private information in a private access file to share with the United States Department of Labor in the event of an audit or fraud investigation, but this Private Access File cannot be requested by the public.
Employers are strongly advised not to include any information in the Public Access File beyond what is mandated by law, so as not to violate the privacy of employees and the company’s other stakeholders. The Labor Condition Application should not be confused with labor certificationa process that people need to go through for most EB visas employment-based visas that sta a path to permanent residency.
Below are some key differences:.
From Wikipedia, the free encyclopedia. This article is about the certification 9035r for temporary work visas such as the H-1B visa. For the corresponding process for employment-based visas for permanent residency, see labor certification. Retrieved January 21, Retrieved January 20, Retrieved March 29, Retrieved June 12, What are an H-1B employer’s notification requirements?
The employer needs to demonstrate that the worker is being paid at least the prevailing wage for that region and occupation, and comparable to native workers in the firm, and that employing the worker will not adversely affect current workers. The employer does not need to demonstrate that there is no qualified native U. The employer needs to demonstrate that there is no qualified U.
Labor Condition Application – Wikipedia
Immigration Act of Introduced the concept of “H-1B-dependent fform and required additional attestations about non-displacement of U.
Expanded the Department of Labor’s investigative authority, but also provided two standard lines of defense to employers the Good Faith Compliance Defense and the Recognized Industry Standards Defense. There were no other direct changes to the LCA itself.