Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

Recording of Free Community Conference Call (Every Other Thursday), Jan 11, 2018

Substantial transcription for video

Discussion Topics, Thursday 11 January 2018:

FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within

Recording of Free Community Conference Call (Every Other Thursday), August 10, 2017

Substantial transcription for video

Discussion topics:
EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA, 
Point system - how it will affect those who are already waiting for Green Card.

H-1B Employee, telecommuting/working from home

Question details

I entered US on Jan 2011 on F-1 Visa, completed my Masters and am now working for a reputed US organization since May 2012(OPT start date: May 2012, H-1B start date:Oct 2012. H-1B till: Oct 2017). My work does not require me to go to office, so I work from Home. Now I am planning to visit India next year and get my Visa stamped.<br>
My Questions are<br>
1. Can telecommuting job cause any issue during Visa stamping? I heard someone was asked "if you can work from home, why can’t you work from India?” The organization I am working for has offices in India.<br>
2. Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office?<br>
3. I am married. Would you suggest going alone to India for Visa stamping and in case of rejection comeback on H-4 or will it be good to go as a family. My husband is also on H-1B

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:

Working outside the United States on H-1B visa and the implications for remote employees

Question details

Is there any legal limit on how many days a H-1B employee can work outside the  United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.


Video URL
FAQ Transcript

If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.

Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest

Question details

Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest


Video URL
FAQ Transcript

One cannot use  any wage survey to convince the government that one’s wage survey is as good as the government's own. I think there are about ten requirements that the wage  survey must meet. A few requirements are for example the survey must be conducted by a reliable third party, the survey must not be more than two years old, you should be using the most recent copy of the survey, it must  have a significant statistical pool from which the survey was conducted. These are a few requirements. 


Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Are L-1B visa holders eligible to work remotely?

Question details

This is a question about after the return to normalcy from the pandemic. From an immigration perspective, are L-1B visa holders allowed to work remotely/work from home from within the U.S.? Does it matter whether the employee's house (where she will work from) is near the designated company office location or not?

And lastly, would you expect difficulty with getting the L-1B visa in the first place if the intention is to work remotely/from home (but within the U.S.)?


Video URL
FAQ Transcript

L-1B holders, unlike H-1B employees, are not geographically tied down. You can work from anywhere. Further, if you work and report in-house and not to a client, you should even be able to change locations without any amendments to your L-1B petition. Only L-1B visa holders who work at third-party sites are subject to certain limitations; the most important one is that you continue to be an "employee" under the company's control that petitioned for you. I can see no reason why the location should interfere with a visa at the consulate.



Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Posting a Notice of Filing of LCA

Question details

Is it really required that we post a notice of filing of LCA at the end-client location? Can’t we just post at our offices?

Posting at the employer’s offices is not sufficient if the beneficiary is working off-site. It is required by regulations that the notices are posted in two conspicuous places at the actual location where the work is to be performed.

Guestbook Entry for Hemanth Kumar Bachu, United States

Hemanth Kumar Bachu
United States

Mr Khanna and his team have been outstanding in their service. Fran, Anna helped me a lot with my case, this is second year they helped and guided me in LCA filing and cleared many clarification regarding the 6 years of H-1B period. The SLA from Fran is very excellent in email response as well as answering the immigration questions. I would like to thank Rajiv and his team for such a great work and would strongly recommend their services to anyone. Best Wishes!