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What is Labor Attestation?

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What is Labor Attestation?

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A. The filing and approval of a Labor Condition Application (LCA) is a requirement that must be met before filing the H-1B petition. Through the LCA, sponsoring employers agree to several undertakings, enforceable by civil and criminal penalties. Specifically, the employer agrees: · To pay the H1B worker at least the higher of the wage paid to similar workers in the same company or the “prevailing wage” for the occupation in the area the worker will be employed; · That the recruitment of the H1B worker(s) will not adversely affect the conditions of the employer’s US-resident employees in similar jobs; · That there is no strike or lockout occurring at the time the Labor Condition Application is submitted, and that the approved LCA will not be used to support petitions for H-1B workers to be employed at the site of any subsequent strike or lockout; · That a copy of the LCA form will be given to the H1B worker and either given to the bargaining representative of employees in similar occup

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A. The filing and approval of a Labor Condition Application (LCA) is a requirement that must be met before filing the H-1B petition. Through the LCA, sponsoring employers agree to several undertakings, enforceable by civil and criminal penalties. Specifically, the employer agrees: · To pay the H1B worker at least the higher of the wage paid to similar workers in the same company or the “prevailing wage” for the occupation in the area the worker will be employed; · That the recruitment of the H1B worker(s) will not adversely affect the conditions of the employer’s US-resident employees in similar jobs; · That there is no strike or lockout occurring at the time the Labor Condition Application is submitted, and that the approved LCA will not be used to support petitions for H-1B workers to be employed at the site of any subsequent strike or lockout; · That a copy of the LCA form will be given to the H1B worker and either given to the bargaining representative of employees in similar occup

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