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DownloadLearn more about how the immigration process works and help you with your immigration concerns and questions. The Charleston USA Immigration Law Center is here to support you in your goal to become a United States citizen.

Labor Condition Application & Approval

Under the federal American Competitiveness and Workforce Improvement Act (ACWIA) all employers who employ foreign nonimmigrant workers through the H-1B visa program must comply with Labor Condition Application (LCA).

First, the employer must determine the wage it will pay the foreign worker, then determine the prevailing wage rate using the U.S. Department of Labor (DOL) iCERT system and file the LCA with the DOL.

Next, after receipt of approval, it must post the LCA for ten days, verify there have been no strikes nor lockouts in its business, provide it to all current employees and assure that working conditions to other workers will not be affected.

Finally, it must create a public access file and retain it for 5 years. Occasionally, the DOL randomly inspects employers to verify they are compliant. If not, sanctions and fines can be incurred.

Remember, "with immigration nothing is as simple as it first appears.â„ " Our office can assist with this LCA application process and provide guidelines for public access compliance and help structure explanation to the DOL when the employer is found to be out of public access compliance.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Charleston USA Immigration Law Center, LLP - Immigration Lawyer in Charleston, SC
Located at 300 Bucksley Lane, Suite 205 Charleston, SC 29492. View Map
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