Labor Condition Application
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Labor Condition Application
The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia). The application is submitted to and needs to be approved by the United States Department of Labor Employment and Training Administration (DOLETA)'s Office of Foreign Labor Certification (OFLC). The form used to submit the application is ETA Form 9035. Attestations A Labor Condition Application must and should include four attestations from the employer. Employers need to maintain relevant documentation and may need to submit it if asked. The attestations are in Section F of ETA Form 9035 (the LCA form). Wages (the prevailing wage requirement) The employer must attest, and may need to furnish documentation upon request, to show that the non-immigrant workers on behalf of whom the applicat ...
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H-1B Visa
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years; after which the visa holder may need to reapply. Laws limit the number of H-1B visas that are issued each year: 188,100 new and initial H-1B visas were issued in 2019. Employers must generally withhold Social Security and Medicare taxes from the wages paid to employees in H-1B status. The H-1B visa has its roots in the H1 visa of the Immigration and Nationality Act of 1952; the split between H-1A (for nurses) and H-1B was created by the Immigration Act of 1990. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. Addition ...
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American Competitiveness In The 21st Century Act
The American Competitiveness in the 21st Century Act (AC21) was an act passed by the government of the United States in October 2000, pertaining to immigration to the United States. It was a complement to the American Competitiveness and Workforce Improvement Act that had been passed in 1998. The focus of AC21 was to change rules related to portability and caps for the H-1B visa to increase the effective number of visas available and make it easier for workers on those visas to switch jobs. Although the language of the Act references the Immigration and Naturalization Service (INS), the INS would soon be restructured and the functions of the INS referenced in AC21 would be handled by United States Citizenship and Immigration Services. History A first version of the Act was passed by the United States Senate on January 24, 2000. Amendments were reported on February 9 and April 11 of the same year. The bill became law upon being signed by Bill Clinton, the President of the United Stat ...
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105th United States Congress
The 105th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1997, to January 3, 1999, during the fifth and sixth years of Bill Clinton's presidency. Apportionment of seats in the House of Representatives was based on the Twenty-first Census of the United States in 1990. This is the most recent Congress with a Republican Senator from New York, Al D'Amato, who lost re-election in 1998, and a Democratic Senator from Kentucky, Wendell Ford, who retired at the end of the Congress. Both chambers retained a Republican majority. President Clinton was impeached by the US House of Representatives of the 105th Congress. Major events * January 20, 1997: President Bill Clinton began his second term * May 18, 1998: ''United States v. Microsoft'' decision * August 7, 1998: 1998 United States embassy bombings ...
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Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again from 1983 to 1992, and as attorney general of Arkansas from 1977 to 1979. A member of the Democratic Party, Clinton became known as a New Democrat, as many of his policies reflected a centrist "Third Way" political philosophy. He is the husband of Hillary Clinton, who was a senator from New York from 2001 to 2009, secretary of state from 2009 to 2013 and the Democratic nominee for president in the 2016 presidential election. Clinton was born and raised in Arkansas and attended Georgetown University. He received a Rhodes Scholarship to study at University College, Oxford and later graduated from Yale Law School. He met Hillary Rodham at Yale; they married in 1975. After graduating from law school, Clinton returned to Arkansas ...
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American Competitiveness And Workforce Improvement Act
The American Competitiveness and Workforce Improvement Act (ACWIA) was an act passed by the government of the United States on October 21, 1998 (while Bill Clinton was President of the United States), pertaining to high-skilled immigration to the United States, particularly immigration through the H-1B visa, and helping improving the capabilities of the domestic workforce in the United States to reduce the need for foreign labor. History According to a history of the law by Jung Hahm for ''Cornell Law Review'', the proximal impetus for the ACWIA was that, for the first time, the H-1B quota was oversubscribed in 1997. Whereas some interests aligned with employers in industries using H-1B workers wanted to increase or even eliminate the caps on number of visas, others, specifically a vocal minority in Congress, as well as labor unions and the White House, were opposed to such expansion due to concerns about the effect on native wages and employment opportunities. ACWIA was a compromi ...
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101st United States Congress
The 101st United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1989, to January 3, 1991, during the final weeks of the administration of U.S. President Ronald Reagan and the first two years of the administration of U.S. President George H. W. Bush. The apportionment of seats in this House of Representatives was based on the Twentieth Census of the United States in 1980. Both chambers maintained a Democratic majority. Major events * January 20, 1989: George H. W. Bush became President of the United States * February 23, 1989: Senate Armed Services Committee rejected, President Bush's nomination of John Tower for Secretary of Defense * March 24, 1989: Exxon Valdez oil spill * December 20, 1989: Operation Just Cause launched to overthrow Panamanian leader Manuel Noriega Major legislation Enacted * A ...
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George H
George may refer to: People * George (given name) * George (surname) * George (singer), American-Canadian singer George Nozuka, known by the mononym George * George Washington, First President of the United States * George W. Bush, 43rd President of the United States * George H. W. Bush, 41st President of the United States * George V, King of Great Britain, Ireland, the British Dominions and Emperor of India from 1910-1936 * George VI, King of Great Britain, Ireland, the British Dominions and Emperor of India from 1936-1952 * Prince George of Wales * George Papagheorghe also known as Jorge / GEØRGE * George, stage name of Giorgio Moroder * George Harrison, an English musician and singer-songwriter Places South Africa * George, Western Cape ** George Airport United States * George, Iowa * George, Missouri * George, Washington * George County, Mississippi * George Air Force Base, a former U.S. Air Force base located in California Characters * George (Peppa Pig), a 2-year-old ...
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Immigration Act Of 1990
The Immigration Act of 1990 () was signed into law by George H. W. Bush on November 29, 1990. It was first introduced by Ted Kennedy, Senator Ted Kennedy in 1989. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, overall immigration to allow 700,000 immigrants to come to the U.S. per year for the fiscal years 1992–94, and 675,000 per year after that. It provided family-based immigration visa, created five distinct employment based visas, categorized by occupation, and a diversity visa program that created a lottery to admit immigrants from "low admittance" countries or countries whose citizenry was underrepresented in the U.S. Besides these immigrant visas there were also changes in Nonimmigrant visa, nonimmigrant visas like the H-1B visa for highly skilled workers. There were also cutbacks in the allotment of visas available for extended relatives. Congress also created the temporary protected status (TPS visa), which the Attorney Gen ...
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United States Permanent Resident Card
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces. Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a preponderance of the evidence that they, among other things, have continuously resided in the United States for one to five years and are persons of good moral character.''Al-Sharif v. United States Citizenship and Immigr ...
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EB-3 Visa
EB-3 is a visa preference category for United States employment-based permanent residency. It is intended for "skilled workers", "professionals", and "other workers". Those are prospective immigrants who don't qualify for the EB-1 or EB-2 preferences. The EB-3 requirements are less stringent, but the backlog may be longer. Unlike persons with extraordinary abilities in the EB-1 category, EB-3 applicants require a sponsoring employer. There is no "self-petition" category. Eligibility criteria The EB-3 category has three subcategories: EB-3A, Professionals; EB-3B, Skilled Workers; and EB-3C, Other Workers. For each, eligibility requirements include: * a labor certification * a permanent, full-time job offer * ability to demonstrate that the applicant will be performing work for which qualified workers are not available in the United States. Separate requirements for each category are: * Skilled workers - must be able to demonstrate at least 2 years of job experience or tra ...
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EB-2 Visa
EB-2 is an immigrant visa preference category for United States employment-based permanent residency, created by the Immigration Act of 1990. The category includes "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States". Applicants (with the exception of applicants applying for an exemption known as ''National Interest Waiver'') must generally have an approved labor certification, a job offer, and their employer must have filed an ''Immigrant Petition for Alien Worker'' (Form I-140) with the USCIS. Eligibility criteria The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2) (8 U.S.C ...
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