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H-1B Labor Condition Application (LCA) Checklist
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H-1B Labor Condition Application (LCA) Checklist
I. Wage Requirements
A. Wage Statement - employer must pay higher of:
1. Prevailing wage determined by
state/independent authoritative source; or
2. Actual wage paid to workers similarly
employed at place of employment
An authoritative wage source is a survey published in a book, newspaper, periodical, loose-leaf service, newsletter or other, that was published, including updates, within the past 24 months, relies on data collected with 24 months of publication, contains average wage information and is the latest survey by this source. B. Documentation of wage statement - employer must
keep on file:
1. Prevailing wage finding
2. Actual wage finding- information concerning
employer's pay rate to employees in same
occupational classification, beginning
with the date LCA submitted, detailing
objective methodology for establishing
wage, sufficiently detailed to allow DOL
investigator to arrive at same figure
employer did
II. Working Condition Requirements - employer must attest on
LCA that:
A. No adverse effect on working conditions of workers
similarly situated in area of intended employment
B. No strike or lockout
III. Notice Requirements
A. Notice of LCA filing given to workers at each worksite
where H-1B alien will work by:
--Notice given to collective bargaining (union)
representative prior to filing, OR
--Notice posted on (or up to 30 days before) date
LCA filed in 2 conspicuous locations at worksite.
Notice must remain posted for 10 business days
and be of sufficient size and visibility to
easily see and read.
B. Notice of LCA given to H-1B alien by:
--Proof of receipt of copy of certified LCA on or
before first day of work. Receipt signed by
H-1B alien.
C. Ongoing notice of LCA given at new worksites (outside
of area of intended employment specified on LCA)
1. If H-1B alien moved to new worksite, must first
give notice as above at A
2. If H-1B alien moved to new worksite for more than
90 days (cumulative: counting other H-1B work
days at site in total), must first file new LCA
IV. Documentation Requirements - employer must create a
"Public Access File" containing:
1. Two dated posting/union notices
2. Prevailing wage information
3. Actual wage information
4. Notice of LCA to H-1B alien
5. Original certified LCA
6. Ongoing notice of LCA filings, if any,
for new worksites
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