This step is for the posting of the Labor Condition Application (LCA) information, which includes job position, pay rate and other required statements. With the H there is no requirement of hiring or interviewing people, it is to let people know what the situation is, so an employer will not hire cheap foreign workers and negatively affect US jobs. Attached is the filed and “in process” LCA, suitable for posting in two conspicuous locations at the individual’s place(s) of employment. This “in process” version of LCA may be discarded once the 10 day posting period is completed. Once the LCA is certified, we will include the necessary copies of the certified version for recordkeeping, to comply with the regulatory requirements, along with the other forms in a signature package.
While there are a number of requirements, hopefully they are broken down into easy enough to handle pieces as outlined below. If you go through the instructions in roughly the order listed below it should make a little better sense.
- “In Process” ETA 9035 (LCA)
- Prevailing Wage Quote — keep for both Compliance and Public Access records.
- Notice of Filing of LCA — This is important for compliance
- LCA Process Summary – to familiarize you with the process
- LCA Statements & Requirements
- Compliance Documentation – list of what the company should keep on record
- Public Access documents – (slightly different than compliance list)
- Actual-Required Wage Guidance & Worksheet– to make sure aliens are paid the same as others at the Company
The last four bulleted items provide instructions and address recordkeeping requirements. If you wish to maintain employee anonymity, you may use an internal identification system. Please confirm that all locations where the individual will work are covered on the LCA. If there are any temporary or indefinite changes in the individual’s place of employment after filing the H-1B petition, please notify our office in advance to determine if the regulations require any further action.