ABOUT THE LABOR CONDITION APPLICATION (LCA).
Employers wishing to sponsor H-1B
workers must agree to the terms of the Labor Condition Application by
signing
the bottom of the form itself. Specifically: Employers are
required
to maintain documentation supporting the statements that:
-
H-1B non-immigrants will be paid
at least
the actual wage level paid by the employer to all other individuals
with
similar experience and qualifications for the specific employment in
questionor
the prevailing wage** level for the occupation in the area of
employment,
whichever
is higher.
-
The employment of H-1B
non-immigrants
will not adversely affect the working conditions of workers similarly
employed
in the area of intended employment.
-
On the date this application is
signed,
there is not a strike or lockout in the course of a labor dispute at
the
place of employment. If such a strike occurs after this application is
submitted, I will notify the Employment and Training Administration of
the strike and I will not use the Labor Condition Application until the
strike has been settled.
-
A copy of this LCA will be
provided to
each H-1B worker pursuant to this application and as of the date of
signing
this application, notice of this filing will be either provided to the
bargaining representative if there is one or that this notice
will
be posted for 10 consecutive days in 2 conspicuous locations where the
H-1B workers will be employed.
-
That the employer will pay
reasonable
costs for the return trip to the alien’s home country if his/her
employment
is terminated before the end of his term of employment.
**DEFINITION OF
THE
"PREVAILING WAGE"
The prevailing wage means a wage
documented
by real market data. The unchallengeable standard for prevailing wage
is
survey data reported by the State Employment Security Agency. Wage
surveys
from professional associations and other sources may also be used as
guidelines.
The salary offered must be 100% of the Prevailing Wage
determination
to qualify for the H-1B visa category.
Employers may indicate how the
salary level has been determined if the Prevailing Wage is higher than
the wage offered.