The LCA is the step employers need to take before they can file a prospective employee’s H-1B visa petition. Once you file the LCA to the Department of Labor and your LCA is certified, the wages promised on the LCA, the occupation and the location specified are set. These conditions become important throughout the term of the H-1B visa since they set the stage for employer compliance.
March 1 is the recommended H-1B LCA filing date
We recommend March 1 as the H-1B LCA filing date to give the Department of Labor (DOL) enough time to process your LCA and in case there are any issues that need to be addressed. By filing early enough, you can have your LCA certification before your H-1B petition is submitted when the cap opens on April 1. (See other important H-1B cap season dates here.)
What is an LCA?
A Labor Condition Application (LCA) is preliminary paperwork submitted to the Department of Labor (DOL) by a company looking to hire an H-1B employee. The LCA identifies a fair wage for the prospective employee as well as fair working conditions and ensures that there’s no strike taking place at the time of filing. It’s essential that you comply with the conditions certified in your LCA throughout the duration of the H-1B visa, or you could face penalties. Once your LCA is approved, you’ll receive a LCA certification that permits you eligibility for an H-1B petition.
Request an appropriate wage
Make sure you request the appropriate wage for your H-1B candidate. To do this, review internal wage ranges for other employees in the same role, with the same experience, in the same location. Then, work with an attorney to confirm whether or not those numbers meet or exceed the wage guidelines set by the Department of Labor (DOL).
Are you ready for this year’s H-1B cap season? Watch the first part of our H-1B Cap Prep Series to learn how to prepare for FY 2020 H-1B Cap Season.
Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is the Managing Partner at Global Immigration Associates, P.C.(www.giafirm.com), Envoy’s affiliated law firm.