Extract to table

760 — Public Access File requirements, specifying the documents that must be included in the PAF and the employer's obligation to make the PAF available for public inspection

An LCA must be filed with and certified by the U

The certified LCA must be submitted to USCIS as part of the I-129 petition package

2 When an LCA Must Be Filed An LCA must be filed and certified before the filing of the associated I-129 petition in each of the following circumstances: New H-1B Petition (Initial or Cap-Subject)

Whenever OWS files an initial H-1B petition for a new beneficiary—whether the petition is cap-subject (requiring selection through the annual H-1B lottery) or cap-exempt—a new LCA must be filed and certified before the I-129 is submitted to USCIS

When OWS files an H-1B transfer petition to employ a worker who is currently in H-1B status with a different employer, a new LCA must always be filed by OWS as the new petitioning employer