Permanent Labor Certification
Permanent Labor Certification (not to be confused with the Labor Condition Application, LCA) is a process step required by some categories of employment-based immigration to the United States of America. Its stated goal is to " protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers". U.S. workers are U.S. citizens, nationals or U.S. lawful permanent residents. In 2005, an electronic filing system for Permanent Labor Certification was introduced called Program Electronic Review Management or PERM, a widely used term by which the process as a whole is now known. There are several options available to U.S. employers who wish to hire foreign, non-immigrant workers on a temporary but long-term basis: H-1B visas, L-1 visas, TN status and other options. These temporary options are often sufficient to meet the needs of employer and employee. When a U.S. employer wishes ...
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Labor Condition Application
The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B visa, H-1B, H-1B1 visa, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 visa, E-3 (a variant of H-1B for workers from Australia). The application is submitted to and needs to be approved by the United States Department of Labor Employment and Training Administration (DOLETA)'s Office of Foreign Labor Certification (OFLC). The form used to submit the application is ETA Form 9035. Attestations A Labor Condition Application must and should include four attestations from the employer. Employers need to maintain relevant documentation and may need to submit it if asked. The attestations are in Section F of ETA Form 9035 (the LCA form). Wages (the prevailing wage requirement) The employer must attest, and may need to furnish documentation upon request, to show that the non-immigrant worker ...
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