Current laws limit the annual number of qualifying foreign workers who may be issued an E-3 visa to 10, Australian nationals seeking temporary work in specialty occupations.
The required wage rate must be the higher of the actual wage rate the rate the employer pays to all other individuals with similar experience and qualifications who are performing the same job , or the prevailing wage a wage that is predominantly paid to workers in the same occupational classification in the area of intended employment at the time the application is filed.
In addition, an employer is not permitted to pay a wage that is lower than a wage required under any other applicable Federal, State or local law. More information on obtaining a prevailing wage determination from the NPWC can be found here. LCAs must not be submitted more than 6 months before the beginning date of the period of employment.
The two exceptions to electronic filing are employers with physical disabilities or those who lack Internet access and cannot electronically file the Form ETAE. Assuming that the employer can file an amended or new H-1B visa petition on behalf of the candidate, the first step in the process is filing a Labor Condition Application for Nonimmigrant Workers LCA and obtaining certification from the Department of Labor. In an effort to ensure that the U. The LCA requires the employer to confirm that as of the date of the LCA being filed, notice of the LCA has been or will be provided to workers employed in the named occupation.
Such notice must be posted on or within 30 days prior to the LCA being filed and must remain posted for at least 10 days. Once the H-1B petition is filed, the selection process can take anywhere from four to six months, depending on whether the petitioner is subject to the cap or not. Cap-subject H-1B visa petitions have to be filed in the first five days of April to compete for the 65, available visas.
Once USCIS fills the 65, cap-subject slots, another 20, visa petitions are selected in a lottery designated for the graduates of U. The selection period often lasts through the middle of summer. We have even seen notice of selection received after the October 1st start date. Share 0. Tweet 0. Pin 0. About the author. Ben Hunt. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits.
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