Labor Condition Application
The Labor Condition Application is a form that a sponsoring employer files with the Department of Labor on behalf of any H-1B employees that the employer may be hiring.
It is often one of the first steps that a sponsoring employer must take when trying to hire an H-1B employee. Without an LCA, the employer cannot file the I-129 petition for the H-1B visa.
A well-prepared LCA contains four different attestations from the employer. The attestation is a factual statement supported with evidence. In fact, the U.S. Department of Labor requires employers to provide and maintain documentation supporting that the following four main labor conditions have been met:
To get an LCA, your employer needs to file an ETA 9035 with the Department of Labour long before the beginning of the H-1B filing window. This way, you can avoid the risk of having the two overlap, causing you to miss the filing window.
If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice. It is not likely that an LCA denial can be appealed or motioned, but this obstacle can be overcome by fixing these problems and refiling before the H-1B filing window in April. This is why it is important to obtain an LCA well before the start of the filing season.
Processing times and Period of Stay/Extension of Stay
The typical processing time is 7 days, but this can easily vary from case to case based on how busy the DOL is at the time, when dealing with bureaucracy, you have to factor in delays or high volume periods.
The initial validity period for the H-1B Labour Condition Application is three years, just like the H-1B. Some factors that can shorten this are:
Termination of H-1B status
Strike or lockout at place of work.
If an employer becomes H-1B dependent, this can have a negative impact on the LCA.
If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect.