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.℠" 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.