You must have heard from your employer about LCA for H1B Visa. Look this the following H1B Visa Application process flowchart, the first step is Labor Condition Application (LCA).
Today, you are going to find answers to following question
- What is LCA for H1B Visa?
- What is Prevailing Wage for H1B Visa job
- Where does one find the prevailing wage information?
- How Employers File LCA for H1B?
LCA stands for Labor Condition Application.
H1B Visa application (New, Extension or Transfer) cannot be filed with USCIS without an Approved LCA.
H1B Visa 2018 season is coming up shortly. Employers will be applying for LCA anytime between Feburary to March for the season that starts in the month of April to get their application ready to file this April. Attorney Murali Bashyam answers the above questions about LCA for H1B Visa in this video.
What is LCA for H1B Visa
Transcript of the Video:
Raghuram Sukumar: Okay. If I’m trying to file an H1B on March 31st, what should the employer’s case preparation time-wise look like?
Murali Bashyam: Employers really need to keep that timeline as far as what it takes to prepare an H1B case in mind actually, because we have employers asking us all the time, “We know you have to file the case on March 31st for April 1st receipt, but how late can we get a case to you?” Let me kind of go to the timeframe.
Let’s say you’re an employer who has never filed an H1B before, then you got to actually submit your federal implement identification number information to the department of labor first for verification. That’s what a lot of employers forget because they think it starts with the LCA process. That’s true if you’ve already done h1s in the past. That verification process for companies who’ve never done H1Bs before takes about five days for the department of labor to verify the LCI and get that information back to you. Only after that is verified can an employer actually file a labor-condition application or LCA as it’s commonly known.
Now, if you’re an employer who’s already filed an H1B in the last four to five years, then you don’t have to go through that first step. You can file an LCA directly with the department of labor as the first step. Right now, that takes about five to seven business days for them to certify that LCA. Once the LCA is certified, then you can actually file the H1B application with the immigration service obviously for April 1st filing.
The total timeframe before you can even file an H1B, if you’re an employer who has never done one before, you’re looking at 10 to 12 days with DLL verification and LCA filing and everything else. If you’re an employer who’s already done H1Bs before, about five to seven days before an H1B can be filed. Of course, giving your attorney or law firm some time to prepare the case as well, a lot of work goes into it, but that’s the timeframe employers should keep in mind.
Raghuram Sukumar: Okay. Which means, obviously, they’re looking at, if it’s a new employer, they should come to you or an attorney before March 15th to give enough time for them to look at the applications?
Murali Bashyam: I would say at least… Yes, definitely by March 15th if you’re an employer who’s never done an H1B for a worker in the recent years. If you’re an employer who has done an H1B in the last four or five years, then maybe March 20th at the very latest. Right around there, but again, you don’t want to wait until the last second. Sometimes, the department of labor with the LCA system because there’s going to be high volume, they might take longer than seven days to certify an LCA. Things do breakdown on the government’s side, so you don’t want to chance those types of things. The earlier you get your case, prepared, filed, and ready for April 1st, the better off you will be.
Raghuram Sukumar: What is LCA for H1B Visa?
Murali Bashyam: An LCA is a labor-condition application, and that is filed with the department of labor. That’s where the employer will set the prevailing wage for the position, and that’s where the employer certifying for the department of labor that they’re actually offering a wage to the H1B worker that is at least the prevailing wage or higher. The employer’s obligation is to offer at least the actual wage or the prevailing wage, whichever one is higher, to the H1B employee. The LCA is the manner in which the employer prepares and certifies that with the department of labor.
Raghuram Sukumar: Where does an employer figure out that… Where do they find out the prevailing wage information?
Murali Bashyam: Prevailing wage information, there are two ways of figuring that out. You could either file an application with the department of labor. The department of labor also has other resources online where the employee can look up prevailing wages for various positions. Prevailing wage is really determined by, number one, what’s the job. Number two, where’s the job located, which county, what city, what state. Number three, is it an entry-level position or is it a non-entry level position. The employer or the attorney will have to figure all of those things out, determine what the prevailing wage is and the offered wage has to be at least that wage or higher.