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LCA Status: Your Complete Guide
Are you applying for a work visa soon and want to know about all the documents necessary to ensure the smooth functioning of your visa application? We have you covered. In this article, we will talk about one of the most important forms, an LCA form. So what is it? Let’s find out.
What Is an LCA Form?
An LCA, or Labor Condition Application, is a form that employers are required to file on behalf of the employees who are petitioning for an H-1B, H-1B1, or E-3 work visa. This form is required to be filed with the United States Department of Labor Employment and Training Administration (ETA).
An LCA form contains important information related to the offered job position and consists of important information, including:
- The offered job title.
- Duration of the offered job title which can be a maximum of up to 3 years.
- The total number of job positions that the LCA holds valid for.
- Location of the job role.
- Contact information of the employer and attorney.
- If the job or position is full-time or part-time.
- Salary of the offered job.
- The prevailing wage of the position in the area.
Which Visa Needs an LCA?
As we already discussed, an H-1B, H-1B1, and E-3 work visas need a supplemental LCA form to provide the required information. Let’s find out more about each of them:
An LCA form is a mandatory document that is required to be submitted by the H-1B sponsor/employer before the filing of the H-1B petition with the USCIS for a nonimmigrant worker. An LCA form is required to be submitted to the U.S. Department of Labor.
The H-1B1 visa is very similar to the H-1B visa except for the fact that it is granted to the nationals of Singapore and Chile. An H-1B1 visa very much resembles the H-1B visa. Out of the 65,000 visas that are allocated to the H-1B visa program, 6,800 of them are reserved for the H-1B1, in which 5,400 are meant for Singapore and 1,400 are meant for Chile.
It is essential for the employers petitioning on behalf of the non-immigrant worker to obtain a certified LCA form from the U.S. Department of Labor.
The E-3 visa is another variant of the H-1B visa which is only eligible for the citizens of Australia. Although this visa is very similar to the H-1B visa, there are a few differences which make it stand out. Unlike other visas, the E-3 visa allows the spouse of the visa holder to work in the United States, even if they belong to different nationalities. Additionally, the E-3 visa can be renewed indefinitely in increments of 2 years.
However, to file an E-3 visa petition on behalf of an Australian citizen for work purposes, the employer needs to produce an LCA form.
Employer Requirements for an LCA Form
An LCA form is essentially a declaration by the employer and requires them to attest certain things, including:
The employer needs to attest that the non-immigrant worker on behalf of whom the petition is to be made will be paid at par or above the actual wage and the prevailing wage in the area. The actual wage is the wage paid to the employees who perform similar job duties. The prevailing wage is the wage prevalent currently in the geographical area.
The employer needs to attest that the hiring of a non-immigrant worker will not bring any changes in the working environment of the currently employed workers in the organization and that the non-immigrant worker will be provided similar working conditions as native U.S. workers.
Strike, or work stoppage
The employer needs to attest that there is no strike, lockout, or work stoppage at the time of filing this form. Additionally, if any such event happens in the near future, the employer will provide notification within three days and the application will not be filed for work authorization until ETA has identified that the work stoppage has ceased.
The employer needs to attest that the notice of the application will be provided to the workers of the company in the application.
The employer is required to file an LCA through ETA Form 9035 to the Department of Labor through their online system. However, the employer can also choose to file it offline if they lack internet access or possess physical disabilities.
The LCA is either approved or rejected within 7 days. In case of any rejection, the employer is provided with an explicit list of all the problem areas. The employer can then address the problems and resubmit.
The validity of an LCA form is dependent on the type of visa it is filed for. For the H-1B and H-1B1 visas, it is valid for up to 3 years. For the E-3 visa, it is valid for 2 years. However, in case of unforeseen events, like when the employer becomes an H-1B dependent, or a strike or work stoppage occurs in-between, the LCA will lose its validity.
LCA Filing Fee
the employer is not required to pay any fee for filing an LCA form with the Department of Labor.
How to Check an LCA Form Status?
Checking the status of an LCA form is easy. You can check it online on the ICERT website. All you need to do is the following:
- Visit the iCERT DOLETA website.
- Provide your application number.
- Enter the ReCaptcha.
- The LCA status will soon appear. If the status shown is LCA certified, this means the LCA is approved.
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- Complete Guide to the H1B to Green Card Process
- What Are My Options for Change of Status Visa Stamping If I Am Already in America?
- Guide to the H2B Visa
- H1B Transfer: How To Change Jobs on an H1B Visa
The Wrap Up
An LCA form is an important form that is required to be filed prior to a visa petition. A potential visa applicant must ensure their employer has taken care of it already or else they won’t be able to start their visa process.