H-1B Labor Condition Certifications for Multiple Beneficiaries

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Obtaining a Certified Form ETA 9035/LCA (Labor Condition Applications) is a mandatory part of any H-1B visa petition process, and can take 7 days to obtain from the US Department of Labor (or more if the employer's FEIN first needs to be verified by the I-CERT US DOL System).

Employers who routinely (or on occasion) petition multiple H-1B Beneficiaries for the same position, work location(s) and within the same salary range, can, instead of filing separate LCAs, file a single Labor Condition Application for multiple Beneficiaries.

Such LCA needs to list the number of positions the LCA covers (e.g. 5, 10 etc.), location(s), and the salary range offered by the employer for the position. Of course the salary range (including the lowest salary offered within the range) must meet the minimum prevailing wage for the position. There are also other important considerations.

Once the LCA has been certified it can be used only for the number of positions certified. For example, if the LCA was certified for 5 Programmers working in Washington, D.C., then only five qualified individuals/beneficiaries can apply for their H-1B visas under that LCA.

Of course, each time the LCA is filed with the USCIS it should contain up-to-date list of all Beneficiaries ever covered by that LCA.

Reprinted with permission.


About The Author

Dino Palangic is the founder of Faveo Paralegals which provides per-case, flat-fee immigration paralegal services to law firms and in-house legal departments of corporations across the United States. They are U.S. based and available via email, phone, or Skype. Their staff previously worked for top U.S. national law firms and in-house departments of major Fortune 500 Corporations. Their paralegals adhere to the highest ethical and professional standards set for paralegals by the American Bar Association.


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