LCA Requirements

The LCA requirement came about to protect the wages and working conditions of U.S. workers and to prevent the exploitation of foreign workers. In the LCA it is requred that an employer makes certain attestations. These attestations are as follows:

• Wages: The employer will pay nonimmigrants wages that are higher than the prevailing wage or at least the
  level paid to all other individuals with similar experience and qualifications, whichever is higher. The employer will offer nonimmigrants benefits on the same basis as U.S. workers. Nonimmigrants will be paid for time spent in nonproductive status due to an employer's decision or lack of permit or license.
  
  
• Working Conditions: The employment of nonimmigrants will not adversely affect the working conditions of U.S. workers similarly employed. Additionally, the nonimmigrant worker will be offered working conditions in accordance with the same criteria as offered to similarly employed U.S. workers.
  
  
• Strike, Lockout, or Work Stoppage: That as of the date the LCA is submitted there is not a strike, lockout, or work stoppage because of a labor dispute.
  
  
• Notice: That at the time of filing the H-1B worker has or will be given a copy of the LCA, that the employer has given a copy to the bargaining representative if there is a union, or if there is no union, posted a notice in a conspicuous location that an LCA was filed. 

Note that some additional requirements are necessary for employers that have been labeled as H-1B dependent or willful violators.

An employer is H-1B dependent if:

• The employer has 25 or fewer employees, and employes 8 or more H-1B workers;
• The employer has 26-50 employees and employs more than 13 or more H-1B workers;
• The employer has over 50 employees, and at least 15% of the workforce is comprised of H-1B visa holders.

Employers that are willful violators have been found to have committed a willful failure or misrepresentation with regard to any attestation made on the LCA.

The additional requirements for the above types of employers are as follows:  

• The employer will not displace any similarly employed U.S. worker within the period beginning 90 days before and ending 90 days after filing an H-1B petition.

• The employer will not place an H-1B nonimmigrant with any other employer or at another employer's worksite until the employer inquires if the other employer has displaced or intends to displace a similarly employed U.S. worker within the period beginning 90 days before and ending 90 days after the placement.

• That the employer took good faith steps to recruit U.S. workers for the job for which the nonimmigrant is sought, and the job has been offered to any U.S. worker who has applied and is equally or better qualified than the H-1B nonimmigrant. (This does not apply to those seeking to hire priority worker nonimmigrants).