The first step in preparing for an H-1B petition is submitting the Labor Condition Application (LCA). If the LCA is not handled properly, it can negatively impact the subsequent H-1B application.
What is Labor Condition Application (LCA)?
The first step in applying for an H-1B visa is submitting the LCA. The purpose of the LCA is to demonstrate to the Department of Labor that there is a job position within the company that cannot be filled by a domestic worker, thereby necessitating the employment of a foreign worker. The employer must prove that hiring this foreign worker will not negatively impact the domestic labor market and that the wages offered are not below the prevailing wage.
LCA Processing Time
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Employers with previous H-1B applications: Approval typically takes around 7 business days.
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First-time H-1B sponsors: The process may take longer because the Department of Labor needs to identify the employer's EIN (Employment Identification Number), which can take approximately one week.
Information Required for LCA Application
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Wages meeting the prevailing H-1B wage standards
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Duration of employment
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Work location
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Occupational category of the foreign worker
How to Check the Prevailing Wage of Your Job:
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Log in to the Foreign Labor Certification Data Center.
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Select "FLC Wage Search Wizard."
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Choose the state and county where your employer's company is located.
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Enter the job title or relevant keywords.
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View the prevailing wage information.
H-1B Salary Requirements
The minimum salary requirement for an H-1B application is an annual salary of $60,000, and it must at least meet the Level 1 wage for your position. However, Level 1 is just the minimum threshold, and a higher salary is preferable. In recent years, many H-1B applicants have encountered RFEs for Level 1 wages. The reason might be that USCIS perceives the position as entry-level and believes it could be filled by a U.S. worker. Therefore, if your salary is at Level 1 before submitting the petition, it is advisable to negotiate with your employer to raise the salary to Level 2 to improve your chances of approval.
Determining Job Title
In addition to determining the salary level, you must also identify your job title in the LCA application. This job title is defined by the Department of Labor and may not exactly match your actual position at the company. If there is a mismatch, it can consume a lot of time and effort. Therefore, it is essential to select the appropriate job title to avoid increasing the difficulty of your application.