LCA Analysis FOR H-1B RFE

Navigating H-1B RFEs

H-1B RFE: Decoding the Path to Visa Success

When it comes to H-1B visa applications, getting things right is crucial, especially if there’s a Request for Evidence (RFE). One essential component in this process is the Labor Condition Application (LCA). We’re here to break down the complexities and make sense of it through a straightforward LCA Analysis for H-1B RFEs. 

In this LCA Analysis for H-1B RFEs, we’re looking at seven important aspects to strengthen your H-1B petition. From making sure job descriptions match requirements to checking if wages are up to standard, we cover it all. We also examine benefits, work locations, and public access files, leaving no stone unturned. Our goal is to ensure everything aligns with Department of Labor (DOL) rules and that supporting documents are in order, providing a solid response to H-1B RFEs.

So, join us on this journey as we simplify the process and focus on the key elements needed for a successful H-1B application.

1. Job Description Review
  • Meticulously examine the job description to ensure it precisely outlines the duties and responsibilities of the H-1B position.
  • Align the job description with the Department of Labor (DOL)'s criteria for a specialty occupation.
2. Wage Analysis
  • Determine the prevailing wage for the specific occupation and location using reputable sources such as O*NET OnLine or independent surveys.
  • Conduct a comprehensive comparison between the offered wage and the prevailing wage to ensure it not only meets but exceeds the minimum requirement.
3. Benefits Analysis
  • Evaluate the benefits provided to the H-1B worker in comparison to those offered to similarly employed U.S. workers.
  • Verify the comparability of benefits, including health insurance, paid leave, and other forms of compensation.
4. Work Location Analysis
  • Confirm the accuracy and completeness of the listed work locations in the Labor Condition Application (LCA).
  • Ensure strict adherence to authorized work locations for the H-1B worker.
5. Public Access File Review
  • Verify the existence of a well-maintained public access file that contains all requisite LCA documents.
  • Ensure the file is readily accessible as per regulatory requirements.
6. Compliance with LCA Regulations
  • Scrutinize the entire LCA process to ensure strict compliance with all relevant Department of Labor (DOL) regulations.
  • Identify and rectify any potential compliance issues that may arise during the analysis.
7. Documentation Review
  • Verify the accuracy and completeness of all supporting documentation that substantiates the LCA attestations.
  • Ensure that all documentation aligns seamlessly with the requirements outlined in the H-1B visa application process.

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