Labor Condition Application (LCA)

Q&A: Are there site investigations for H1B employers and employees?

The USCIS is extremely cautious when it comes to evaluating fraud in H1B visa applicants, and because of this a petitioner must be vigilant in providing documentation. It is the responsibility of the employer to petition for the entry of the foreign worker. Beyond responsibility for filing the H1B, the employer must also submit a Labor Condition Application (LCA) to the U.S. Department of Labor and must satisfy four attestations. First the employer must prove that they will pay the prevailing wage for that particular field. A prevailing wage is determined by the National Prevailing Wage Center (NPWC) according to job title, description of the position, educational and work experience requirements, job location, as well as type of employer. This wage is defined as the average of wages paid to professionals similarly employed in the same field. Secondly, working conditions for the prospective employee will be afforded on the same basis, and according to the same criteria as U.S.… Continue reading...

Posted in H1B Specialty Worker Visa, Immigration Lawyer Blog, Labor Condition Application (LCA) |

Impact of Arbitrary Congressional Caps on Employment Visas


The recent discussion about comprehensive Immigration Reform by both Republican and Democratic leaders has been highly encouraging.  As many politicians say however, the Devil is in the details.  It will be very interesting and life changing for many if Comprehensive Immigration Reform is actually passed, and if so, what is actually passed.  A recent blog article by Walter Ewing of Immigration Policy Center (IPC) of the American Immigration Council in Washington, DC. , supported by studies from Think Tanks and Associations such as Brooking Institution and the Kaufman Foundation.  The studies highlighted some of the contributions that Immigrants make to America, through economics, business, and science.  In particular, Ewing’s article cited a study that stated foreigners conservatively contributed $21.8 Billion dollars to the U.S. economy.  Additionally, “the National Science Board estimates that, in 2009, immigrants accounted for 41.6% of all science-and-engineering workers in the United States who had a doctorate and 33.4 percent those with a master’s degree.… Continue reading...

Posted in EB1 Extraordinary Ability, EB2 Exceptional Ability, EB2 NIW, EB3 Professional Skilled Workers, H1B Specialty Worker Visa, Immigration Lawyer Blog, Immigration Reform, Labor Condition Application (LCA), PERM | Tagged , , , , , , , , |

Useful information on the latest DOL’s measure for H1Bs’ Labor Certificate Application Filings

Due to heavy delays in processing time for certain LCA certificates via the recently implemented “iCERT” system, the Department of Labor announced earlier in November that it would accept H1B petitions with uncertified Labor Certificate Applications filed between November 2009 and March 2010. Yesterday, the US Citizenship and Immigration Services (USCIS) announced that it would extend this temporary measure a little further to March 09, 2010, which will provide the public with the benefit of the full 120 day accommodation measure since the USCIS last update on Novemeber 10, 2009. To know more about this temporary arrangement, see USCIS update.Continue reading...

Posted in H1B Specialty Worker Visa, Labor Condition Application (LCA) | Tagged |