What is LCA in H1B?
LCA or Labor Condition Application is part of the application requirements for H1B visas in the US. H1B visas are temporary immigration visas offered to aliens in specialty jobs or occupations. For employers or employment agencies to hire a foreign individual under H1B visa status, they must first accomplish an LCA and submit it to the US Department of Labor. When the particular employer or petitioner gets approval from the Department of Labor, only then will he/she be able to sponsor or hire a foreign worker with H1B visa status.
The LCA or Labor Condition Application became a requirement for H1B visa applications under the 1990 Immigration Act. It basically ensures that wages in the US will not be lessened or depressed by letting in foreign workers for a specific job. The requirement is also put in place so that employers in the US are not able to exploit foreign workers in terms of low wages. Under this condition, employers or employment agencies are expected to hire foreign workers with wages that are at least at par with other employees having the same position. But employers may also opt to offer higher wages than the prevailing rate at the time of application. Employers must also make sure that the entry of foreign workers will not have any adverse effect on their American counterparts. Employers are also restricted in filing H1B applications with LCA during times of labor strikes and disputes.
Under the LCA, employers must also show proof that no local or American talent can fulfill a specialty job, which makes it necessary for them to hire workers from foreign lands. Common specialty occupations that employers target for H1B visa applications include the fields of engineering, health, architecture, education, law, biotechnology, social and physical sciences, medicine, theology, mathematics, nursing, physical therapy, accounting, and the arts among various others.
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