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.
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.
