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Labor Condition Application & Approval

Labor Condition Application & Approval

Under the federal American Competitiveness and Workforce Improvement Act (ACWIA) all employers who employ foreign nonimmigrant workers through the H-1B visa program must comply with Labor Condition Application (LCA).

First, the employer must determine the wage it will pay the foreign worker, then determine the prevailing wage rate using the U.S. Department of Labor (DOL) iCERT system and file the LCA with the DOL.

Next, after receipt of approval, it must post the LCA for ten days, verify there have been no strikes nor lockouts in its business, provide it to all current employees and assure that working conditions to other workers will not be affected.

Finally, it must create a public access file and retain it for 5 years. Occasionally, the DOL randomly inspects employers to verify they are compliant. If not, sanctions and fines can be incurred.

Remember, "with immigration nothing is as simple as it first appears.℠" Our office can assist with this LCA application process and provide guidelines for public access compliance and help structure explanation to the DOL when the employer is found to be out of public access compliance.

Why Choose Charleston USA Immigration Law Center, LLP?

  • Over 3 Decades of Immigration Experience

    We have been in practice since 1982, and have helped thousands of clients from almost every country in the world with their immigration needs.

  • Accessible Office & Home Appointments

    We make the process convenient and feasible for our clients. We offer flexible appointment hours including weekends, and monitor our phones 24/7 to ensure we are here to answer all of your questions.

  • Simple & Uncomplicated Payment Plans
    We save you the guess work with straightforward payment plans. You will always know the exact amount of your immigration services.
  • Military Discounts

    We have a deep appreciation for our active Army, Navy, Marine, Air Force and Coast Guard Members and offer discounts on attorney fees.

Contact Us Today

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