What is a Labor Condition Application in the H-1B process?

An employer must file a certified Labor Condition Application (LCA) with an H-1B petition on behalf of employees who need an H-1B visa for employment. The LCA is certified by the Department of Labor (DOL) and imposes an obligation on the employer to pay the offered wage for the duration of the H-1B petition unless the obligation is terminated earlier.

There are two reasons the obligation may be terminated early. If the employee requests non-work-related time off for personal reasons or submits a voluntary resignation, the employer is not required to pay the salary as the employee is considered unavailable for employment. Either reason should be carefully documented. The employer’s obligation for wages may also terminate if the employer decides to terminate the employment of an H-1B employee, with or without cause, prior to the end of the H-1B petition. Continue Reading Bona fide termination of H-1B employee