Labor Condition Applications
| The process of hiring an H-1B
begins when employers file a Labor Condition Application (LCA) with the
Department of Labor, form ETA 9035. In this application the employer is
required to attest: (1) that it will pay H-1B aliens prevailing wages or
actual wages, whichever are greater; (2) that it will provide working
conditions that will not adversely affect the working conditions of U.S.
workers similarly employed; (3) that there is no strike or lockout at
the place of employment; and (4) that it has publicly notified its
employees of its intent to employ H-1B workers. In addition, the
employer must provide the information required in the application about
the number of aliens sought, occupational classification, wage rate, the
prevailing wage rate and the source of such wage data, the date of need
and period of employment.
Notice that employers have two options that they can use to specify Prevailing Wage, they can check the box for "SESA" or "Other". If they check "SESA, then they must comply with the National Occupational Employment and Wage Estimates. The loophole in the H-1B law is right on the LCA. If they check "Other" they can specify any survey they want to, even their own. The DOL said that they don't verify the "Other" surveys so "prevailing salary" is anything the company says it is.
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This form has been modified to show the print more clearly. All modifications are in blue text. |
University of California Riverside
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04/07/08 |