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H-1B1 Labor Condition Applications (LCAs) - Interim Final Rule Published PDF Print E-mail
Written by Jennifer Hopkins   
Friday, 03 December 2004
On November 23, 2004, the Department of Labor (DOL) Employment and Training Administration (ETA) published an Interim Final Rule in the Federal Register (Volume 69, Number 225, pg. 68221-68229) regarding Labor Condition Applications (LCAs) and requirements for employers utilizing H-1B nonimmigrants in Specialty Occupations and as Fashion Models, as well as Labor Attestations for H-1B1 visas. This interim final rule is effective on the date of publication in the Federal Register: November 23, 2004.

The H-1B1 category is a new visa category which "permits the temporary entry and employment ...of professionals in specialty occupations from countries with which the U.S. has entered into agreements..." Currently, this new visa is only available to nationals of Chile and Singapore.

Employers seeking to employ such individuals must file a labor attestation with the Department of Labor - similar to that already required for employers seeking to hire H-1B nonimmigrant visas - "making the same attestations regarding payment of prevailing wages, working conditions, absence of strikes or lockouts, and notice to other employees..."

For additional information regarding LCAs and Prevailing Wages, you can see:

- The DOL ETA "Guestworker - Hiring Foreign Workers" page at: http://www.doleta.gov/business/gw/guestwkr/

 
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