Recruitment and hiring. Employers must first make the effort to meet industry standards to recruit similarly or better qualified U. They must also offer the job to a U. What is an LCA? The Department of Labor requires employers maintain documentation supporting that the following four main labor conditions have been met: Wages and benefits. Employers must provide nonimmigrant workers the same or better wages and benefits that are provided to other company employees doing similar work.
They must also provide nonimmigrant workers the prevailing wages and benefits for similar jobs in their geographic area. Working conditions. Nonimmigrant employment must not negatively affect the working conditions of employees doing similar work.
Working conditions for nonimmigrant employees must also be similar to those of native U. Determine if the employer is a willful violator and therefore subject to additional requirements when obtaining an LCA for an H-1B worker. Factors affecting actual wage may include:. Ascertain the employer's need for LCAs that cover multiple:.
The employer. Remuneration to be paid to the foreign worker, including salary and any guaranteed compensation. Whether the work is full-time or part-time and if part-time, how many hours per week. Worksites where the foreign worker is employed. In particular, the employer should identify if the worker will have:. For more information on worksites and what constitutes a worksite, see DOL definition of places of employment 20 C.
Whether the foreign worker's occupation is unionized at the worksites. Whether there is a strike or labor dispute in the occupation at the worksites. Timing of the employer's need for the worker, including:. Employers that employ foreign workers must consider immigration sponsorship in their long-term employment needs see Practice Note, Business Immigration Sponsorship: Overview: Types of Sponsorship.
The legal business name of any secondary entity at whose site the H-1B, H-1B1, or E-3 worker will work. Determine how to express the wage paid to the foreign worker. The wage must be the higher of the prevailing wage or the employer's actual wage for the occupation at the worksite. The wage may be expressed as a range, and if so the low end of the range must be at least the prevailing wage. Set the prevailing wage. The employer is responsible for ensuring that the prevailing wage it obtains is the correct one for the occupation and work location.
The prevailing wage should be the weighted average mean that is paid to workers in the same occupation in the same area of employment. The prevailing wage determination may be based on:. As long as the employer continues to employ the H-1B visa holder, the employer must continue to pay the employee at least the wage indicated on the LCA and in the indicated geographic location. If there are any material changes to the employment a new LCA must be filed as well as a new or amended H-1B visa petition.
Changes to any of the following must be reported to OIS prior to the enactment of the change:. The employer must pay the foreign national at least the higher of the wage that is at least equal to the prevailing wage rate for similarly employed individuals in the area or the actual wage for the position, which is what the employer pays to other employees holding such a position with similar experience and qualifications.
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