Colorado Labor Conditions Application Attorney
Employment-Based Visas
A Labor Condition Application (LCA) is filed with the U.S. Department of Labor in the H-1B visa/temporary worker visa application process. It must demonstrate that the person seeking an H-1B visa will be paid the greater of the actual wage or the prevailing wage for the position. It also requires employers to meet standards applying to benefits and working conditions.
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The Labor Condition Application Process
Before an employer can file an H-1B visa petition to begin the process of hiring a foreign national worker, a Labor Certification Application (LCA) must be completed. Employers looking to hire foreign national workers must complete this application to demonstrate that the employee will be compensated similarly or equally to that of a U.S. citizen worker.
The LCA requires employers to show that the H-1B visa holder will paid be the greater of the actual wage or the prevailing wage for the specified job. It also requires employers to follow guidelines applying to working conditions. A copy of the LCA is shared with the H-1B visa holder.
Before proceeding with the H-1B visa application process, the prevailing wage for the position offered must be obtained for each location where the employment will take place. With the prevailing wage determinations obtained, the LCA is prepared for each employment location (if more than one) and it is submitted to the Department of Labor for certification.
The process of hiring an employee on an H-1B visa is complex. If you are seeking information about the process, or if you need assistance completing the LCA, schedule a consultation with immigration attorney Timothy Bakken. He has more than 18 years of experience practicing solely in immigration law.
Find out about prevailing wage determinations, which precedes the LCA process.
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If you are an employer looking to hire a foreign national worker on an H-1B visa, contact a lawyer for assistance with the Labor Certification Application process.