Information for H-1B Visa Holders: Labor Condition Application Information For Lehigh University Personnel
Before an H-1B Petition can be filed with Immigration, the Department of Labor must approve a Labor Condition Application. The academic department must complete and supply the following information to the Office of International Students and Scholars (ISS). This information is required to request a prevailing wage dollar figure from the Department of Labor and to maintain actual wage information
The criteria for the Labor Condition Application are:
- H-1B nonimmigrant will be paid at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupation in the area of employment, whichever is higher, and check this wage every 24 months.
- Intended H-1B nonimmigrant will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
- On the date of application there is not a strike, lockout, or work stoppage.
- As of the filing date, notice of the application has been provided to workers either through the bargaining representative or by posting.
NOTE: The employer is required to develop and retain supporting documentation for elements 1, 2, and 4. Even though no documentation regarding element 3 must be developed, the employer has the burden to prove this point in case of investigation. ISS collects and maintains the information for #1, 2 and 4.
Since there is no bargaining representative at Lehigh, the Labor Condition Application must be posted for ten (10) consecutive workdays in two (2) conspicuous places (i.e., department and Human Resources). Our office will forward the appropriate forms for posting to the Department and Human Resources after the prevailing wage has been determined.
If you have any questions regarding this procedure and how it will affect your department and/or other H-1Bemployees please do not hesitate to contact Gisela Nansteel at 610-758-5978.
NOTE: Any misrepresentation of facts or employer's failure to comply may result in: assessment of back pay for the foreign national and/or other employees in the occupational classification; maximum of $1,000 fine for each violation; imposition of other appropriate administrative remedies; a suspension of the employer's labor condition applications and a prohibition of filing and approval of labor condition applications or applications for permanent alien employment certification for one year; a prohibition of the filing of immigrant and non-immigrant visa petitions with the Immigration Service for at least one year and federal criminal penalties for knowing and willful submission of false statements to the Federal Government of $10,000 and/or imprisonment of up to 5 years.