Silicon Valley H-1B Labor Condition Application Filings for 2010

Google, Oracle, Intel, and Fujitsu America led Silicon Valley Labor Condition Application filings for 2010. Filing a Labor Condition Application for Nonimmigrant Workers (an LCA) with the U.S. Department of Labor, and getting it certified, is a prerequisite to filing an H-1B application. The chart below is created by this immigration law office, based upon the Department of Labor's Disclosure Data for FY 2010. It shows the number of LCA filings for major Silicon Valley employers.

As shown on the chart, Fujitsu America led the way on LCA filings with 1,714. Google was a distant second with 900. Thereafter, it dropped down to 521 LCA filings by Oracle, and Intel, Apple, Hewlett-Packard, and Cisco all breaking 400.

H-1B LCA's filed in the Silicon Valley 2010

The chart, and the LCA data, DOES NOT SHOW THE NUMBER OF H-1B'S FILED by an employer. Although a certified LCA is required by an employer to submit an H-1B application, obtaining a certified LCA does not mean that an employer actually filed an H-1B petition. According to the Department of Labor, it usually certifies over three times the LCA requests as the number of H-1B visas petitions approved by the USCIS.

In an LCA, an employer makes four attestations regarding labor conditions: (1) The employer will pay the H-1B worker the higher of either the local prevailing wage or the employer's actual wage, and offer benefits on the same basis as offered to U.S. workers; (2) The employer will provide working conditions for H-1B workers which will not adversely affect the working conditions of workers similarly employed; (3) That there is no strike, lockout, or work stoppage in the named occupation in the place of employment; and (4) Notice of filing the LCA is provided to workers at the place of employment in the same occupation.

Once the Department of Labor certifies the LCA, and employer can submit an H-1B petition to the USCIS.

H-1B Visas, Work Visas / by Michelle Gee