The Labor Conditions Application (LCA) is a necessary piece of the H-1B petitioning process. It’s a certification that confirms you are providing appropriate working conditions for a prospective H-1B hire. While it helps authorities determine whether you’ve established fairness in pay and working conditions, an H-1B LCA is only specific to the worksite where an H-1B-sponsored hire will be working.
What does the LCA contain?
Your LCA application should contain information on the work location, job title, and prevailing wage of the same position for anyone working in a similar job at that location. If the employee’s offered wage is below the area’s Prevailing Wage requirements, the Department of Labor won’t approve the LCA.
How to prepare the H-1B LCA
To begin, you can work with an immigration services provider who will file the LCA on your behalf. This will ensure that you have everything you need and you haven’t missed a piece. It will also help set you up to succeed, with industry knowledge to provide an appropriate prevailing wage recommendation in your application.
The most important part of preparing an LCA is to begin with plenty of time. Normally, the processing time for LCA applications is seven to eight days. Start collecting the information you need soon so you can file early. It’s all part of the H-1B petitioning process, which has a timeline that’s longer than it seems.
To err on the side of caution, we recommend you file your H-1B LCA by March 9 at the very latest if you’re submitting an H-1B cap petition, though you can file any time before then. You won’t be able to file your H-1B petition, even if everything is ready, until you’ve received your LCA certification from the Department of Labor.
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.
