The H-1B visa is the most highly sought-after work visa in the US. Since the number of applications is only on the rise each year, understanding every step through its application process is vital to increasing its success rate.
When it comes to H-1B visas and the steps to apply for them, the Labor Condition Application comes first, especially for the petitioners. Here’s a short take on explaining the importance of LCA while applying for an H-1B visa and the steps to LCA e-filing.
What is LCA?
A US employer needs to file the LCA or Labor Condition Application on behalf of a foreign national worker while applying for some types of non-immigrant work visas. It is mandatory for employers to submit an LCA while hiring workers in the H-1B, H1B1, and E-3 categories. Also, before the US employer hires a foreign worker, they must have an approved LCA from the US Department of Labor.
Why is the LCA required?
To safeguard the US labor market from hiring foreign nationals at low wages, there are several attestations and activities required of the employer relating to the LCA.
- The employer must pay the foreign national at least the higher wage that is at least equal to the prevailing wage rate for similarly employed individuals in the area or the actual wage for the position, which is what the employer pays to other employees holding such a position with similar experience and qualifications.
- The employer also attests that it will pay the wage to the foreign national for the time in non-productive status due to a decision of the employer or due to the H-1B foreign national not having a required permit or license, and that the foreign national will be offered benefits and eligibility for benefits on the same basis as they are offered to U.S. citizen workers.
- The employer must attest that the hiring of the foreign national pursuant to an H-1B visa will not adversely affect the working conditions of workers similarly employed and that all such foreign national hires will be afforded the same or similar working conditions as those offered to U.S. citizen workers.
- The employer must affirm that it is not experiencing a strike, lockout, or work stoppage in the course of a labor dispute in the named occupation and that, if such an event occurs after the filing of the LCA, the employer will notify the proper Department of Labor authorities within three days of such an event occurring.
The Application Process
To get an LCA, the employer needs to file an ETA 9035 with the Department of Labor well before the H-1B filing window. Employers should not file an LCA more than 6 months before they expect their new employee to start the position.
All LCA applications are submitted electronically through the FLAG system. There are no filing fees for LCA. Note that a single employer can file one LCA for multiple H-1B employees working in the same position.
Employers filing for LCA need to have a Federal Employer Identification Number or FEIN.
The LCA Form
To start the entire process, you must submit the H-1B LCA form (ETA-9035 and 9035E). It has all the necessary information for DOL to assess your eligibility for employing a foreign worker. On the form, you will have to fill in the following sections and submit it:
- Visa information that the LCA is intended to support
- Information about the offered position, such as the job title and period of intended employment
- Employer information, which includes business name, FEIN, and NAICS code
- Contact information for the employer
- Attorney or agent information
- Workplace information such as the number of workers employed under LCA, PWD information, and wage intended to pay the new foreign worker
- Other administrative information
E-filing LCA through Imagility
Imagility is a digital end-to-end immigration software platform with powerful and intelligent petition building, petition analysis, and RFE response building features.
A brand-new feature that boosts the platform is LCA E-filing wherein once Imagility is integrated with the FLAG system, all the necessary information is automatically populated from the platform to the form on the FLAG portal. There is no need to fill in all details manually. All you need to do is to verify all details and submit. Book a demo with us today!
Next Steps
According to the DOL official site, LCAs are reviewed by the Department within seven (7) working days for completeness and obvious errors or inaccuracies. Employers may check the status of applications they submitted to the Department and directly access their certified applications at any time by logging into the FLAG System. Employers with certified LCAs may proceed with the process of obtaining an H-1B, H-1B1, or E-3 visa through USCIS and the Department of State.
In conclusion, the LCA E-filing is the first step to building an H-1B visa petition. We leave no room for error by automating the whole process for you. Explore this powerful feature along with other case management and immigration software capabilities today.
Reach out to us for a quick demo today!
Contact:+1 603 782 4622/+1 617 865 6588
Visit us: www.imagility.co
