Legal Certified LCA Form

Legal Certified LCA Form

This Legal Certified LCA Form (the "Form") is executed on Effective Date: by and between Employer Name: with Principal Address: ("Employer") and Certifying Representative Name: Title: with Business Address: ("Certifier").

RECITALS

WHEREAS, Employer seeks to employ non‑immigrant foreign national(s) and must file and certify a Labor Condition Application ("LCA") attesting to wage, working conditions and notice obligations required by applicable labor laws; and

WHEREAS, Certifier has been retained to prepare, review and certify the LCA and related attestations on behalf of Employer and to assist Employer in maintaining required records and notices necessary to demonstrate compliance; and

WHEREAS, Employer and Certifier desire to set forth their respective certifications, representations, and procedures for the preparation, filing, and maintenance of the LCA record.

NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Form: "LCA" means the Labor Condition Application filed under applicable immigration and labor statutes; "Certified Period" means the period set forth in Section 3; "Worksite" means the location(s) where the foreign national will perform services as specified in the LCA; "Prevailing Wage" means the wage determined pursuant to applicable wage determinations required for the LCA.

2. LCA POSITION AND EMPLOYMENT DETAILS

Job Title: ; SOC/O*NET Code: ; Number of Positions: .

Worksite Address: .

Employment Start Date: ; Employment End Date: ; Hours per week: .

Prevailing Wage: $ per . Offered Wage: $ per .

3. EMPLOYER CERTIFICATIONS

3.1 Wage Obligation. Employer certifies that it will pay the foreign national at least the higher of the actual wage paid to similarly employed workers or the prevailing wage for the occupation in the area of intended employment, and that such wage will be maintained for the Certified Period. Employer acknowledges that failure to pay required wages may subject Employer to monetary penalties and debarment proceedings.

3.2 Working Conditions and Non‑Displacement. Employer certifies that the employment of the foreign national will not adversely affect the working conditions of workers similarly employed and that Employer will not displace a U.S. worker in the same occupation at the same worksite during the 90‑day period before and after the filing date as required by law. Employer will provide notice of the LCA filing as required.

3.3 Notice and Posting. Employer shall provide notice to affected employees at the worksite by electronic or physical means as required, and shall maintain proof of such notice. Employer certifies that it will comply with any additional posting obligations imposed by statute or regulation.

4. RECORDS, AUDIT AND PUBLIC ACCESS

4.1 Recordkeeping. Employer will maintain all records required to demonstrate compliance with the LCA, including wage records, recruitment documentation, and copies of the LCA and supporting materials for the period required by law. Employer understands that failure to maintain records is a violation subject to penalties.

4.2 Audit Access. Employer grants Certifier and any authorized governmental authority the right to inspect and copy records relevant to the LCA upon reasonable request. Employer will provide access during normal business hours and will cooperate in any compliance review or investigation.

5. REPRESENTATIONS, WARRANTIES AND INDEMNITY

5.1 Accurate Information. Employer represents and warrants that all information provided to Certifier and furnished in connection with the LCA is true, complete, and accurate to the best of Employer's knowledge. Employer will promptly notify Certifier of any material changes affecting the LCA.

5.2 Indemnity. Employer agrees to indemnify and hold harmless Certifier, its agents and employees, from and against any and all claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to Employer's false statements, omissions, failure to maintain required records, or breach of any certification made in this Form or the LCA.

6. REMEDIES; TERMINATION

In the event of material breach by Employer of any obligation set forth in this Form or the LCA, Certifier may suspend further filings or withdraw its certification on written notice. Remedies available to Certifier are cumulative and include injunctive relief, recovery of costs, and termination of engagement; nothing herein limits rights provided by law.

7. NOTICES

All notices, demands, or communications required or permitted under this Form shall be in writing and delivered to the addresses set forth below or to such other address as either party may designate by written notice to the other. Notice shall be effective upon receipt.

8. AMENDMENTS; WAIVER; COUNTERPARTS

This Form may be amended only by a written instrument signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right. This Form may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

9.1 Governing Law. This Form shall be governed by and construed in accordance with the laws of the state identified for governing_law: , without regard to conflict of law principles.

9.2 Entire Agreement. This Form, together with any attachments and the LCA filing, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

9.3 Severability. If any provision of this Form is held invalid or unenforceable, the remaining provisions will remain in full force and effect and the parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that, to the extent possible, achieves the original intent of the parties.

10. MISCELLANEOUS

10.1 Authority. Each party represents and warrants that the individual signing below is authorized to execute this Form and to bind the party on whose behalf the individual signs.

10.2 Compliance with Law. Employer will comply with all applicable federal, state and local laws, regulations and ordinances relating to employment, wage payment, nondiscrimination and immigration compliance in connection with the LCA and the employment of the foreign national.

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