H-1B Labor Condition Applications
for Employers using Aliens in Specialty Occupations and as Fashion Models
PROGRAM DESCRIPTION: This program allows an employer,
who has been unable to hire qualified workers eligible to work in the
United States, to file a labor condition application to employ a foreign
worker directly with the U. S. Department of Labor, at
http://www.lca.doleta.gov.
REGULATIONS: 20 CFR, Part 655, Subpart H
SPECIALTY OCCUPATION: The Immigration and Nationality Act (INA)
defines a "specialty occupation" as one which requires the theoretical
and practical application of a body of highly specialized knowledge, and which
requires the attainment of a bachelor's or higher degree in the specific
specialty (or its equivalent).
VALIDITY PERIOD: The H-1B Labor Condition Application shall be valid
for the period of employment indicated on the
Form ETA 9035; however, the validity period of an LCA may
exceed six years, and may be renewed annually, if a permanent labor certification
application, Form ETA 9089, has been filed with the U.S. Department of Labor.
REQUIRED WAGES: The Immigration and Nationality Act (INA) requires that the
wages paid to H1-B nonimmigrants be at least the higher of the actual wage rate paid
to all other workers with similar experiences and qualifications for the specific
employment in question, or the prevailing wage rate for the occupational classification
in the area of employment. The amended INA does not preclude the employer from paying
H-1B nonimmigrants more than the higher of the actual wage or the prevailing wage.
The amended INA places the responsibility on the employer to establish the required
wage rate that it must pay an H-1B nonimmigrant based on the best information available
at the time the application is filed with DOL.
WHO TO CONTACT: U.S. Department of Labor web site at
http://www.foreignlaborcert.doleta.gov/.
Please e-mail questions or comments to alienlabor@twc.state.tx.us.
SEVENTH-YEAR EXTENSIONS: Employers should e-mail any and all inquiries regarding
seventh-year H-1B extensions for job positions in Texas to the Dallas Backlog Elimination
Center at h1b7yr@dal.dflc.us.
WITHDRAWLS: Employers wishing to withdraw an LCA may do so by contacting the Employment and
Training Administration National Office at the following address.
U.S. Department of Labor
Employment and Training Administration
Division of Foreign Labor Certification
200 Constitution Avenue, NW., Room C-4312
Washington, DC 20210
Telephone: (202 693-3010
Return to the Alien Labor Certification Home Page
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