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If your employer has never done LCA filing before, the DOL’s LCA filing system may not recognize their Federal Employer Identification Number (FEIN). H1B LCA processing time details on DOL website See below screenshot from their official website. The short processing time of LCA is due to their new FLAG system for online submission of LCAs. US Department labor says that they will review and process H1B LCAs within 7 working days. For instance, check Infosys H1B LCA Postings, Accenture LCA Postings H1B LCA Processing time ? FEIN Time ? You can check out employers posting the LCA related data on their official websites career section for public viewing. You can request for it, if you did not get it. Official Regulation H1B LCA : If you want additional details on the above rules and more info, you can read official regulation on LCA at INA § 212(n)-(p) on US DOL websiteĪs per worker rights, as a foreign worker going through the LCA process, you are entitled to receive your LCA from your employer, if they are planning for your H1B petition filing.Also, post the LCA in two conspicuous locations where H1B worker will be employed or distribute through electronic notification for the employees in that location. Post LCA Notice, Share to Union, Employees : The employer will provide copy of the LCA to the employed workers in that location and will also be provided to union, if any.Strike or Lockout Info : That there is no strike or lockout or any other work stoppage for the named occupation in the place of employment during filing of LCA.Working Conditions, Hours : That the employer will provide same working conditions as US workers and employing foreign worker will not adversely impact the working conditions at the location, especially hours, vacation time, shifts, etc.

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Read How to determine LCA Minimum Wage for a Job Also, provide same benefits as regular US workers. Pay Prevailing Wage : That the foreign worker will be paid equally, similar to their other employees in that location or the prevailing wage rate in a particular location, whichever is higher for that position, and the foreign worker need to be paid during non-productive time.In LCA form, employers declare/attest under penalty of perjury that they will abide by the labor laws and be compliant in the below four areas: US Dept of Labor introduced H1B LCA to protect the employee’s fundamental rights at work location in terms of wages, working conditions, and policies. To address such unfair treatment, INA has put regulations in place to prevent such abuse and the US Dept of Labor enforces the same INA regulations. What is employer declaring by filing H1B LCA with DOL ?Īs foreign workers are new to America, there is every possibility for certain employers to take advantage and treat them unfairly in terms of wage, benefits, etc. We have included a sample H1B LCA copy at the end of the article for your review to see how this information is presented. Public disclosure – where LCA will be posted for viewing by public.Employer’s & Attorney contact information.Prevailing Wage for the same position in that area.Location of the job position called as “Place of Employment”.Rate of Pay / Salary offered for the position.

Total number of job positions the LCA is applied for ( can be one or any number).

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If the position offered is either full time or not.

Duration of the job position offered ( upto 3 years ).

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Standard Occupation Classification Code, called as SOC Code.

Also, the same LCA form ETA 9035E is used by employers sponsoring other visa types as well such as “H1-B1 “, which is used by Chile & Singapore nationals and for “E-3” used by Australians What does the H1B LCA contain ?Īn H1B Labor Condition Application (LCA) form has all the key information regarding the offered job, wage details, location, etc. To file an H1B LCA, the H1B Sponsor would need to file ETA Form 9035 / 9035E electronically with US DOL using their Online system called “Foreign Labor Certification Gateway (FLAG)”. As the LCA is filed to meet the H1B program requirements, it is called commonly “H1B LCA”. This is as per Immigration and Nationality Act (INA) to meet the wage and working conditions requirements. LCA is a mandatory document that the H1B Sponsor / Employer needs to file with the US Department of Labor(DOL) before they file the H1B petition with USCIS for any non-immigrant worker. LCA stands for Labor Condition Application.