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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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Retrieved from ” https: 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 the other employer 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.

Labor Condition Application – Wikipedia

If the other employer makes such a displacement, the employer applicant may be subject to civil money penalties and disbarment. The form used to submit the application is ETA Form 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.

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 as great as that required to be offered to the non-immigrant.

Employers need to maintain relevant documentation and may need to submit it if asked.

Retrieved June 12, The employer must attest that on the day the application is filed, there is not a fform, 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.

By using this site, you agree to the Terms of Use and Privacy Policy. 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.


The employer must attest, tea 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: There were no other direct changes to the LCA itself.

Labor Condition Application

The employer does not need to demonstrate that there is no qualified native U. 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. This article is about the certification process for temporary work visas such as the H-1B visa.

The employer needs to demonstrate that there is no qualified U.

The employer must attest that as of the date of application, dorm of the application has been or will be provided both to workers within the company in the said application. This file is intended to provide additional explanation for the way the employer filled the Labor Condition Application.

For E-3, the LCA is valid for only two years.

What are an H-1B employer’s notification requirements? Also, the prospective workers on whose behalf the application is filed must be provided a copy of the application. Also, in the case of H-1B-dependent employersdifferent petitions must be used for exempt and non-exempt workers. Those already in the United States who are switching status or employer do need to file Form I Office of Foreign Labor Certification. 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.

Retrieved January 22, Retrieved March 29, LCA petitions can be submitted year-round. Failure to file the LCA on time has been cited as one of the top mistakes that H-1B employer applicants make.

The public access file must be made available to any member of the public within a few days of era request being made. 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.


The Public Access File must include: An employer can use a single LCA for multiple employees provided they are all in the same occupation and the same visa class i. Views Read Edit View history.

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 provide a path to permanent residency.

Based on the Portability Rule of the American Competitiveness in the 21st Century Act AC21 ofa person on H-1B status may fom 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.

The employer may resubmit the LCA after addressing the problems. From Wikipedia, the free encyclopedia. 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. For the corresponding process for employment-based visas for permanent residency, see labor certification.

Introduced the concept of “H-1B-dependent employer” and required additional attestations about non-displacement of U. The Center for Immigration Studiesa think tank that advocates strict limits on immigration and has been critical of temporary worker programs, has also used the available data on LCAs to better understand corm critique the H-1B program. A Labor Condition Application must include four attestations from the employer. Employers also need to maintain additional private information in a private access file to share with the United 903e5 Department of Labor in the event of an audit or fraud investigation, but this Private Access File cannot be requested by the public.

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.