Labor Condition Application Requirement for H-1B Petition
Santos Lloyd Law Team • September 15, 2022
The H-1B visa
allows a U.S. company to temporarily employ a foreign national in the U.S. on a nonimmigrant basis (this means temporary work visa) in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty. The maximum number of years a foreign national can possess an H-1B visa is six (6) years.
For a U.S. company to submit an H-1B petition, the U.S. employer must file a Labor Condition Application (LCA). Before the U.S. company can submit a LCA the U.S. company must verify their FEIN number with the Department of Labor before filing an LCA. If the U.S. company has verified their FEIN in the past, then it is not necessary for them to verify their FEIN number again.
After the U.S. company verifies their FEIN number, the U.S. company must submit the Labor Condition Application (Form ETA-9035) to the Department of Labor electronically through the FLAG system. At the time the U.S. company is filing their LCA, they must attest to comply with the requirements of the H-1B visa program. It is important to note that LCA’s cannot be submitted more than 6 months before the employment start date.
When filing an LCA the U.S. company must include:
- Duration for Job Position (the max amount of time is 3 years)
- Number of employees for the position
- Job Title and SOC Code
- The location of the Job Position (Must include all job locations if working in multiple work sites)
- Confirm if position is either Full-Time or Part-Time
- Salary offered for position (either the prevailing wage or above prevailing wage amount)
- U.S. Company Information (Including company address, phone number, email address, and full name of signatory for the company)
After the LCA is filed with the Department of Labor it should be certified within 7 business days. It is important for the employer to maintain an accurate Public Access File (PAF) file.
Please schedule a consultation with one of our experienced immigration attorneys to discuss the H-1B requirements and process.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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