A Labor Condition Application (LCA) is used by the U.S. companies/employers as a supporting evidence for filing the petition for an
H-1B visa. It is a mandatory requirement for all foreign nationals holding H-1B Visa.
The Labor Condition Application serves two related purposes:
- Ensures that U.S. workers who are similarly employed will not be adversely affected by the foreign workers.
- Ensures that foreign workers are not exploited.
- Ensures that US wages are not depressed by the hiring of foreign labor.
While the employer/job sponsor files the petition on behalf of employee, the employer must attest that it will not violate the Department of Labor (DOL) regulations. For this purpose, the employer files LCA with the DOL. On labor condition application, the job sponsor makes specific representations regarding the conditions under which the foreign worker was hired and will be employed. Attestations made in the Labor Condition Application are as follows:
- The employer will pay the required wage which is greater of the prevailing wage or the actual wage paid to other employees in the same job position.
- The job offered to the foreign employees will not adversely affect the working conditions of US workers.
- At the time of filing LCA, there was no strike, lockout or other work stoppage because of a labor dispute.
- A copy of the LCA will be given to the H-1B worker, and
- The employer agrees to post notice that the LCA was filed.
