<Tr> <Td> Burden of proof </Td> <Td> The employer needs to demonstrate that the worker is being paid at least the prevailing wage for that region and occupation, and comparable to native workers in the firm, and that employing the worker will not adversely affect current workers . The employer does not need to demonstrate that there is no qualified native U.S. worker for the job . </Td> <Td> The employer needs to demonstrate that there is no qualified U.S. worker willing to do the job at a comparable wage, and needs to have made a good - faith effort to recruit a native U.S. worker . </Td> </Tr> <P> The Labor Condition Application has been shaped by some key pieces of legislation . </P> <Table> <Tr> <Th> Law or act </Th> <Th> Date of enactment </Th> <Th> President </Th> <Th> Congress </Th> <Th> Effect on Labor Condition Application </Th> </Tr> <Tr> <Td> Immigration Act of 1990 </Td> <Td> November 29, 1990 </Td> <Td> George H.W. Bush </Td> <Td> 101st </Td> <Td> Introduced the LCA and the basic attestations . </Td> </Tr> <Tr> <Td> American Competitiveness and Workforce Improvement Act (ACWIA) </Td> <Td> October 21, 1998 </Td> <Td> Bill Clinton </Td> <Td> 105th </Td> <Td> Introduced the concept of "H - 1B - dependent employer" and required additional attestations about non-displacement of U.S. workers from employers who were H - 1B - dependent or had committed a willful misrepresentation in an application in the recent past . </Td> </Tr> <Tr> <Td> Free trade agreements: Singapore--United States Free Trade Agreement, Chile--United States Free Trade Agreement, and Australia--United States Free Trade Agreement </Td> <Td> 2003 - 2005 </Td> <Td> George W. Bush </Td> <Td> 108th </Td> <Td> The LCA was modified to allow its use for applications for the H - 1B1 (for Singapore and Chile) and E-3 (for Australia) visa classifications . </Td> </Tr> <Tr> <Td> H - 1B Visa Reform Act of 2004, part of the Consolidated Appropriations Act, 2005 </Td> <Td> December 6, 2004 </Td> <Td> George W. Bush </Td> <Td> 108th </Td> <Td> Expanded the Department of Labor's investigative authority, but also provided two standard lines of defense to employers (the Good Faith Compliance Defense and the Recognized Industry Standards Defense). Also, the additional LCA attestations introduced in the ACWIA were made permanent . There were no other direct changes to the LCA itself . </Td> </Tr> <Tr> <Td> Employ American Workers Act, part of the American Recovery and Reinvestment Act of 2009 </Td> <Td> February 17, 2009 (sunset on February 17, 2011) </Td> <Td> Barack Obama </Td> <Td> 111th </Td> <Td> All recipients of Troubled Asset Relief Program (TARP) or Federal Reserve Act Section 13 were required to file the additional attestations required of H - 1B - dependent employers, for any employee who had not yet started on a H - 1B visa . </Td> </Tr> </Table> <Tr> <Th> Law or act </Th> <Th> Date of enactment </Th> <Th> President </Th> <Th> Congress </Th> <Th> Effect on Labor Condition Application </Th> </Tr>

Labor condition application (lca) with the u.s. department of labor