Labor Condition Application
Attestation for hiring foreign workers in the US.
Detailed Explanation
A Labor Condition Application (LCA) is a document US employers must file with the Department of Labor before sponsoring foreign workers for H-1B, H-1B1, or E-3 visas. The LCA attests that: the employer will pay the higher of the actual wage paid to other employees or the prevailing wage for the occupation in the area, working conditions won't adversely affect US workers, there's no strike or lockout, notice was provided to existing employees or their bargaining representative. The LCA specifies: job title, wage, work location, and period of employment. It must be filed electronically and approved before filing the visa petition. The LCA must be maintained in a public access file with supporting documentation including wage determination. Violations can result in fines, back pay, debarment from immigration programs, and referral for criminal prosecution. The LCA system aims to protect both US workers' labor market and foreign workers from exploitation.