The H-1B, H-1B1, and E-3 visa programs allow employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations. Employers must submit a Labor Condition Application (LCA) to the Department of Labor electronically attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program. Violation of these attestations can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer.
The LCA requires the employer to attest that it will comply with the following labor requirements:
- The employer will pay the worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the worker will be working.
- The employer will provide working conditions that will not adversely affect other similarly employed workers.
- At the time of the LCA there is no strike or lockout at the place of employment.
- Notice of the filing of the LCA with the DOL has been given to the union bargaining representative or has been posted at the place of employment.
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is responsible for ensuring compliance with these requirements as well as the employer’s maintenance of required public access records. Employers must make certain materials available to the public within one working day of filing the LCA with the DOL. Additional information is required to be made available if the employer is H-1B dependent.
At Reddy & Neumann, our team provides employers with a variety of services related to LCA compliance, including:
- Internal auditing of your current Public Access Files to ensure compliance, remedy any issues, and advise on preventative best practices and procedures to avoid any future compliance issues.
- Creation and retention of Public Access Files
- Representation during Wage and Hour Investigations. If your company has received a letter from the U.S. Department of Labor, Wage and Hour Division regarding a possible H-1B Investigation, contact a Reddy & Neumann attorney as soon as possible.
- Consultation on material changes in employment and the immigration consequences of mergers and acquisitions.
- Representation in USCIS Fraud Detection and National Security (FDNS) site visits