The regulations for the Department of Labor (DOL) require the employer to submit a Labor Condition Application (LCA) to the DOL and comply with the requirements. The hiring authority who signs the LCA certifies the following under penalty of perjury:
- The H-1B employee will be paid either the actual wage or the prevailing wage for the occupation, whichever is higher. The sponsoring Department will pay a similar wage to all employees with similar experience and qualifications;
- Employing the international faculty/staff member will not adversely affect the working conditions of similarly employed workers (i.e. same benefits, annual increases are provided to all employees, etc.); See 20 C.F.R. §655.732 (b)
- On the date of the application, there is not a strike, lockout, or work stoppage; See 20 C.F.R. §655.733(a)(1); and
- The employer will post notice of the Labor Condition Application (LCA) in a conspicuous location for at least ten business days (or provide it to the collective bargaining representative, if applicable).
If the employer is found to have willfully violated the Labor Condition Application Requirements, the Department of Labor may penalize the sponsoring UW-Whitewater Department up to $1,000 per violation and assess back wages to the H-1B nonimmigrant. In extreme cases, there is possibility of imprisonment and a bar against UW-Whitewater from obtaining H-1B status and permanent resident status for future employees for one year or more.
In order to complete the Labor Condition Application (LCA) Process the Department must:
- Complete the LCA Authorization Form
- Obtain the Signature of the Chair and/or PI and send the original document to the Center for Global Education
- After the Center for Global Education generates the LCA and the DOL certifies it, the Department must post a copy of the LCA per the Center for Global Education's instructions and return the notice of posting the LCA to the Center for Global Education.