Employment Based Immigration Handbook
Ii. Ongoing Obligations of Sponsoring Department
II.1 U.S. DEPARTMENT OF LABOR AND THE LABOR CONDITION APPLICATION (LCA)
The sponsoring College or Department will have ongoing H-1B obligations throughout the approval period. As mentioned earlier, for every H-1B petition an LCA must be filed and certified. Upon this certification, the employer is attesting to the following obligations:
1. The H-1B employee will be paid the “Actual Wage” (the wage paid to other employees in similar positions with similar qualifications and experience) or the “Prevailing Wage” for this occupation in our geographic location as determined by DOL, whichever is higher;
2. The employment of an H-1B worker will not adversely affect the working conditions of other workers similarly employed in the area of intended employment;
3. There is no current strike or lockout at the place of employment; and
4. A notice of filing of the LCA was posted in at least two conspicuous locations at the place of employment for ten business days. Employment is defined as every worksite.
In summary, the Labor Condition Application is an attestation by the Department that the wage paid is the higher of either the Actual Wage or the Prevailing Wage. This wage must be paid through the entire period of the approval notice. Changes to an employee’s wage should not be made without contacting CISP prior to the adjustment.
Go to the next section: II.2 Changes in the H-1B Employee’s Position