IM. T: Please read these instructions carefully before completing the Form ETA- or E – Labor Condition. Application (LCA) for Nonimmigrant Workers. am undertaking all the obligations that are set out in the LCA (Form ETA E) and the accompanying instructions (Form ETA CP). Form ETA /E, Labor condition application (LCA), is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant .

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Retrieved April 2, Not having a Public Access File available at short notice is itself a compliance failure, even if the employer can generate the file i. The Public Access File must include: By using this site, you agree to the Terms of Use and Privacy Policy.

Retrieved from ” https: Retrieved January 21, Immigration Act of The employer does not need to demonstrate that there is no qualified native U. For E-3, the LCA is valid for only two years. For the corresponding process for employment-based visas for permanent residency, see labor certification.

This article is about the certification process for temporary work visas such as the H-1B visa. The employer must attest that the hiring of non-immigrant workers will not adversely affect the working conditions of similarly employed workers at the company, and that the non-immigrant workers will be offered similar working conditions as native US workers.

Also, the prospective workers on whose behalf the application is filed must be provided a copy of efa application.

Labor Condition Application

The employer must attest that on the day the application is filed, there is not a strike, lockout, or work stoppage in the named occupation at the place of employment and that, if such a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA within three 3 days of such occurrence and the for, will not be used to file a work authorization petition until the ETA has determined that the work stoppage has ceased.


Any employer filing 9035ee Labor Condition Application for H-1B, H-1B1, or E-3 petitions is required to maintain a public access file for each worker on such a status, as long as the worker is working and up to one year later. The employer will has offer ed the job to an equally or better fom US worker.

Failure to file the LCA on time has been cited as one of the top mistakes that H-1B employer applicants make. The employer promises not to displace any similarly employed US worker within the period beginning 90 days before and ending 90 days after the date of filing the H-1B nonimmigrant petition note that this is 903e5 the date of the LCA filing.

Retrieved January 20, The employer promises not to place the employee at another employer’s worksite unless the employer has made a bona fide inquiry as to whether the other employer has displaced or intends to displace a US worker any time between 90 days before and 90 days after the placement, and etz no contrary knowledge. The employer must attest that as of the date of application, notice of the application has been or will be provided both to workers within the company in the said application.

United Frm Department of Labor. The Labor Condition Application should not be confused with labor certificationa process that people need to go through for most EB visas eya visas that provide a path to permanent residency. Prior to filing any petition for a H-1B nonimmigrant pursuant to the application, the employer took or will take good faith steps to meet industry-wide standards to recruit US workers for the job for which the nonimmigrant is 903e, offering compensation at least as great as that required to be offered to the non-immigrant.


This page was last edited on 17 Septemberat Introduced the concept of “H-1B-dependent employer” and required additional attestations about non-displacement of U.

The public access file must be made available to any member of the public within a few days of a request being made. The form used to submit the application is ETA Form However, the United States Citizenship and Immigration Services releases much more coarse data on approved H-1B Form I petitions, rather than data at the level of individual petitions, leading researchers and analysts to rely on LCA data more despite its flaws.

If the other employer makes such a displacement, the employer applicant may be subject to civil money penalties and disbarment. Retrieved March 29, Retrieved June 12, What are an H-1B employer’s notification requirements? Office of Foreign Labor Certification.

Labor Condition Application – Wikipedia

Expanded the Department of Labor’s investigative authority, but also provided two standard lines of defense to employers the Good Faith Compliance Defense and the Recognized Industry Standards Defense. An employer can use a single LCA for multiple employees provided they are all in the same occupation and the same visa class i. Center for Immigration Studies. LCA petitions can be era year-round. Employers need to maintain relevant documentation and may need to submit it if asked.

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