What is LCA in H-1B?

Labor Condition Application (LCA) Specialty Occupations with the H-1B, H-1B1 and E-3 Programs The H-1B visa program allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability.

Can I apply for a H1B visa without an LCA?

H1B Visa application (New, Extension or Transfer) cannot be filed with USCIS without an Approved LCA from the Department of Labor. H1B Visa 2018 season is coming up shortly. Employers will be applying for LCA anytime between February to March for the season that starts in the month of April to get their application ready to file this April.

How long does it take to file LCA for H-1B?

The LCA needs to be filed by the employer (or the attorney) before the H-1B petition can be submitted. The usual processing time for the LCA is 7 working days. If your employer is filing the LCA for the first time then an additional week is needed for the DOL to verify the Federal Employer Identification Number (FEIN).

Where can I Find my H1B LCA case number?

Where can you find H1B LCA Case Number? The LCA Case Number can be found on the Form ETA-9035 or 9035E. It is generated when the employer submits the LCA form electronically in the FLAG system. It is in footer of every page or you can find it on page 6 of LCA form.

When to give a certified LCA to an H1B worker?

A copy of the Certified LCA must be provided directly to the H1B worker prior to beginning the H1B employment. 4. Attestations Made In The LCA By signing and filing the Labor Condition Application for an H1B petition, an employer makes four attestations (or promises). The company attests that:

Can I apply for H-1B visa without LCA?

Without an LCA, the employer cannot file the I-129 petition for the H-1B visa. In order to obtain a Labor Condition Application, your employer will need to make 4 attestations in an effort to protect anyone who is already working for the employer.

What happens if you violate LCA on H1B?

Violations of the LCA attestations can expose an H1B employer to civil fines, barring of the employer from obtaining further visas for a period of at least 1 to 3 years, and making the employer liable for payment of back wages. H1B Labor Condition Application is an integral part of the H1B filing.

When to post an LCA for an H-1B worker?

The posting must be accomplished on or before the date the H-1B worker begins work. 2. H-1B Worker Notification The employer must give a copy of the LCA to each H-1B worker no later than the date he/she reports to a permanent place of work.

When to apply for LCA for H1B visa in India?

Employers will be applying for LCA anytime between February to March for the season that starts in the month of April to get their application ready to file this April. Attorney Murali Bashyam answers the above questions about LCA for H1B Visa in this video. Raghuram Sukumar: Okay.