What is H1B Visa LCA ? DOL rules for the same ?

As part of filing H1B Petition with USCIS, a company/ employer need to file Labor Condition Application ( LCA)  with Department of Labor ( DOL). It is very important step that is required as part of the overall H1B Visa process. Let me share the details of the same.

What is H1B LCA  ( Labor Condition Application ) ? Why ?

LCA is a document that is filed with Department of Labor as part of hiring a foreign worker on H1B Visa and other visas like H1B1, etc. The employer need to file ETA Form 9035 with DOL as part of the LCA process.  The whole idea of filing LCA is to indicate that the employer is following fair hiring practices for foreign workers and not taking advantage of them by paying low wages.

The employers need to indicate details like place of work, position title, the salary for the same, attorney info, how many job postings, location, etc. All these details are important and mandatory. Employer need to post the LCA at the work place so that everyone in the company can have a look. Also, they cannot file LCA when there is lockout or any issues at the company. The LCA information is also published publicly for everyone( anonymised ) to have a look at the same.  The LCA does not have any of the employee or the person being hired, it is just an indication that there is a vacancy and they company intents to hire a foreign worker.

DOL will look at the LCA and then verify if the employer is making a fair pay, etc. and then approve or deny the same. It is employees right to get a copy of the LCA, when the employer is filing the H1B Petition.  The LCA instructions are on DOL website. Also, LCA has to be filed and approved before the H1B is filed. The employer has to include a copy of the approved LCA when H1B petition is filed with USCIS.

All the websites that claim to have H1B sponsors like myvisajobs or redbus2us or visasquare etc have list of the LCAs. They are not actual H1B petitions filed. Employer has a choice to file H1B or not.

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