H-1B Requirements - Labor Condition Application
Before an employer may file an H-1B petition with the U.S. Citizenship and Immigration Service (USCIS), the intended employer must prepare a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). Employers who file an LCA are required to make several attestations regarding the proposed H-1B's wages and working conditions. Our immigration attorneys can assist the employer with this process.
LCAs filed by employers with the DOL must attest that they are offering the proposed H-1B beneficiary the higher of either: 1) the actual wage the employer pays to other individuals similarly employed with similar experience and qualifications; or 2) the prevailing wage for that position in the geographical area of intended employment "based on the best information available." The employer must calculate both the prevailing wage and the actual wage, using procedures established by the DOL.
Employers must also attest that the H-1B's working conditions will not adversely affect the working conditions of other workers in similar situations; that there are no strikes, or work stoppages in the course of a labor dispute; that the employer has given its employees notice of the filing of the LCA; and that the employer has provided, or will provide, a copy of the LCA to the H-1B worker. The LCA must also disclose the wage rate offered, the prevailing wage, and the source from which the prevailing wage was determined.
After these attestations are made, the LCA must be sent to the Department of Labor for approval of the salary offered. The completed LCA must be provided to USCIS before an H-1B can be adjudicated. Our immigration attorneys can assist employers with this process.
H-1B Visas for Professional Workers
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The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America. |
