This is an agreement with the Department of Labor (which is important to note that this is not part of YOUR immigration process yet, this is between the employer and the DOL) that effectively says “We want to employ someone on an E3, in this title of job, and at this rate, is that ok?”
The LCA itself contains:
- Who the company is and their official tax identification (the only company you can work for in the US under the E3);
- Contact details for a representative from the company;
- The official title of the job they are employing someone for;
- What category that job fits into;
- The prevailing wage code for that position;
- The wage that they will pay for the position (which must be more than the prevailing wage).
All of this leads to a document that, when certified, makes up possibly the most important document in the whole E3 visa process.
Why getting on top of the LCA early is important
At this point, if your employer is slow to file the LCA, it delays the whole process – including your potential start date. Make sure you’re available by phone and email to respond quickly to any questions your employer has. Your start date can't be adjusted once it's certified so put it far enough out to have time to get an interview and enter the US, but not too far away that you need to idle around before starting (because you can only enter the US within 10 days of starting).
Keep reading for some more tips on what start date you should use based on when you get an interview.
Finding out your prevailing wage
The most complicated part of the LCA is the prevailing wage because it commonly trips people up. You basically need to be paid more than a certain amount of money to qualify. It can be calculated by going to the OFLC Wage Search website and running through the “Wage Search Wizard”. This will ask your state and your county, and then you search or select your occupation from a list.
Once you find the list of job titles (click here for an example) on OFL Wage Search, there are a few things to note: first is the code in blue which is the “SOC Code” which you will need later. Clicking that will take you through to ONetOnline, another great resource that can confirm that this title of job requires a Bachelor's Degree (a requirement for the E3) if you scroll down to the Education section. It doesn't need to be 100% but needs to be common that you require a Bachelor's or greater training.
Secondly, you can click “View Wages for” which will show you the levels of wage requirement, and a rate per hour and a rate per year, based on the “Level” (one through four, ignore the Mean Wage). Level 1 means an entry-level experience at this job, level 2 is relevant education and experience, Level 3 is experience employees with a deeper understanding (e.g. management) and Level 4 are experts (e.g. senior management).
You must earn more than this amount for the level that corresponds to your application to qualify. Which level you pick is up to you, and it's best to discuss how this works with an immigration attorney.
How to file the LCA online with the Department of Labor
When they’re ready, your employer will file the form online at Foreign Labor Application Gateway, an online portal. Certification takes 5-10 business days.
While you can assist in the process, they are the ones that will need the login to FLAG and be the ones to actually fill in the form. You are certainly assist them however you'd like, and some people pre-fill in the final form to share with their employer for guidance, but ultimately, they will be the ones submitting and signing it.
The employer then needs to keep an eye on the status of the LCA on the certification website. If you don’t hear anything at 5-6 business days, I suggest asking your employer to log in and check the status one week after the LCA has been filed (becuase the Deparment of Labor are really good at getting things back on time).
Very importantly, make sure that in FLAG, your employer selects the LCA (ETA-9035) and NOT the ETA-9141 Prevailing Wage Determination (this constantly trips people up and leads to delays).
Here's the step-by-step overview (be sure to use the little question marks at every step to ensure that you've though about everything!)
A. Employment-Based Nonimmigrant Visa Information
- A.1. Indicate the type of visa classification supported by this application* – If you're Australian this will be “E-3 Australian”
B. Temporary Need Information
- B.1 Job Title – This is what you looked up in the wage search above
- B.2/B.3 SOC (ONET/OES) Code and Occupation Title – This is also fetched from the Wage Search above
- B.4. Is this a full-time position?* – If this is a full-time position for you, check yes (as opposed to a part-time position)
- B.5. Begin Date* – When will you be starting work in the future if everything goes right (it must be a future date within 6 months)
- B.6. End Date* – When will the work end (make it at least a day before 2 years after the start date)
- B.7. Total Worker Positions Being Requested for Certification* – If this is just for you, this will be 1
- B.7a-f. Basis for the visa classification supported by this application – This one trips a lot of people up but I've defined the categories below (be sure to put all 0s in the ones you don't use)
- a. New Employment – In theory it's only new employment if you're outside the US not currently holding an active E-3 or you're changing status (to an E-3 from something else)
- b. Continuation of previously approved employment without change with the same employer* – This is if you're renewing and nothing has changed
- c. Change in previously approved employment* – This is if you're notifying USCIS that your job title or something else “non-material” to the job
- d. New concurrent employment* – If you're going from one employer to two, this is you
- e. Change in employer* – This is what you'd use if you're moving to a new employer but already have an E-3
- f. Amended petition* – This will be up to your lawyer but this is when there's a more significant change to your previous petition and your material work has changed
C. Employer Information
- C.1. Legal Business Name* – This is your employer's business name
- C.2. Trade Name / Doing Business As (DBA), if applicable – Employer's DBA (which is a public registered name they might be trading under instead of XYZ LLC)
- C.12. Federal Employer Identification Number (FEIN from IRS)* – The EIN is what identifies a business, it's their tax file number equivalent
- C.13. NAICS Code* – This is the category of company, your employer will know this
- C.3. Address 1* – Employer Address
- C.4. Address 2 (apartment/suite/floor and number) – Employer Address
- C.8. Country* – Employer Address
- C.5. City* – Employer Address
- C.6. State* – Employer Address
- C.7. Postal Code* – Employer Address
- C.10. Telephone Number* -Employer Phone
- C.11. Extension – Employer Phone Extension
D. Employment Point of Contact Information
The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. The information in this Section must be different from the agent or attorney information listed in Section E, unless the attorney is an employee of the employer. Just make sure this is who could speak to your application if somebody calls!
- D.1. Contact's Last (family) Name*
- D.2. First (given) Name*
- D.3. Middle name(s)
- D.4. Contact's Job Title*
- D.5. Address 1*
- D.6. Address 2 (apartment/suite/floor and number)
- D.10. Country*
- D.7. City*
- D.8. State*
- D.9. Postal Code*
- D.12. Telephone Number*
- D.13. Extension
- D.14. Business e-mail address*
E. Attorney or Agent Information (if applicable)
- E.1. Is the employer represented by an attorney or agent in the filing of this application?* – If there's an attorney or agent involved in the process, their details go here!
F. Employment and Wage Information
How to check the status of your LCA
If you want to check the status of your LCA yourself, use the LCA number you received above and go to Foreign Labor Application Gateway.
If it still says certification is “in process”, I recommend having your employer check back daily to make sure the process moves as quickly as possible.
Ok, once it's “Certified” here's what's next.
