NOTICE OF LCA FILING LCA #I-200-16135-721620

Notice of the Filing of a Labor Condition Application with the Employment and Training Administration. 1. An H-1B nonimmigrant worker is being sought by University of Kansas Medical Center through the filing of a Labor Condition Application (Form 9035) with the Employment and Training Administration of the U.S. Department of Labor. 2. One such worker is being sought. 3. This worker is being sought as a Medical Fellow. 4. An annual wage of $64,783 is being offered to this worker. 5. The period of employment for which this worker is sought is from July 1, 2016 to June 30, 2017. 6. The employment will occur at University of Kansas Medical Center, 3901 Rainbow Blvd., Kansas City, KS 66160. 7. The Labor Condition Application is available for public inspection at the Office of International Programs, 3901 Rainbow Blvd., Kansas City, KS 66160.

“Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the Labor Condition Application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.”

This is to certify that the above notice was posted for 10 consecutive business days from: _________________ to ______________________. _______________________________ Stacie Rader Administrative Assistant

SUMMARY OF LCA ATTESTATIONS AND REQUIREMENTS: The Department of Labor requires that employers attest to certain items when filing an H-1B petition for a foreign worker. The attestations are designed to protect the wages and working conditions of US workers, by assuring that foreign workers are not hired with lower wages and pursuant to worse terms and conditions than a US worker would accept. 

The University of Kansas Medical Center must attest to certain conditions of employment, in support of the LCA, as follows:

a. The attestations require the University of Kansas Medical Center to pay Dr. Valay Parikh and any other H-1B workers employed in this position the actual wage paid to all other individuals with similar experience and qualifications or the prevailing wage, whichever is higher. The attached document reflects the prevailing wage for the position. Therefore, your salary offer of $64,783 per year meets the prevailing wage requirements. b. The attestations also affirm that Dr. Parikh's employment will not adversely affect the working conditions of similar workers; that there is currently no strike, lockout or other work stoppage at your place of employment; that in the event of such work stoppage, you will notify the DOL within 3 days; that Dr. Parikh is being offered fringe benefits under the same criteria as non H-1B workers; and that notice of the H-1B filing is being given (see below). 

You are required to maintain documentation as to the above attestations in a “Public Access File.”

The documentation you must maintain should include: (a) (b) (c)

(d) (e)

the actual wage and working conditions memorandum (see attached information regarding the required memo and see the attached SAMPLE memo); the documentation on how the prevailing wage determination was reached (attached); a summary of the benefits offered to U.S. workers in the same occupational classifications as H-1B non-immigrants, including a statement as to how any differentiation in benefits is made where not all employees are offered or receive the same benefits and/or, where applicable, a statement that some/all H-1B non-immigrants are receiving “home country” benefits; the required Notice/Posting(s), with signature and dates posted (e-mailed to you when we opened the case), or with signature of the Bargaining Representative if the salary is controlled by a CBA. where the employer undergoes a change in corporate structure and chooses to assume the LCA obligations of the previous employer, a sworn statement by a responsible official of the new employing entity that it accepts all obligations, liabilities and undertakings under the LCA’s filed by the predecessor employing entity, together with a list of each affected LCA and its date of certification, and a description of the actual wage system and EIN of the new employing entity.

I would be happy to review the documentation you put together if you so desire.

ACTUAL WAGE AND WORKING CONDITIONS MEMORANDUM

The public access file you maintain should include a memorandum concerning actual wage and working conditions. Attached is a copy of a sample memorandum. I. Actual Wage - The employer must pay the employee either the prevailing wage (which is typically determined by Department of Labor statistics) OR the actual wage, whichever is higher. The “actual wage” is the wage you pay to other employees doing the same specific type of employment, with similar experience and qualifications. If Dr. Valay Parikh is the only employee you have doing this specific type of employment, that is all your memorandum has to state. If you have others doing the same specific type of employment, you should list the salary, and reason(s) for any difference in wage. You should separately document the individual’s names in case you need to provide further details to the U.S. Department of Labor at a later date. If any of them are making more than her, this is permissible provided the difference is based on legitimate business factors (e.g. education, experience, qualifications, job responsibility, specialized knowledge etc.) but not illegitimate factors (e.g. race, religion, gender, or a willingness to work for less). You should also maintain copies of the payroll records of other employees in the same job classification II. Working Conditions - The memorandum should also show that Dr. Parikh's employment does not adversely impact on working conditions for similarly employed workers. (Working conditions refer to hours, shifts, vacation periods, and fringe benefits). She should be subject to the same working conditions as similar workers in the area unless based on legitimate business factors (e.g. seniority). Any company brochure and literature on working conditions at the worksite and any other such information for the industry to which you have access should be kept in the file. If there is no such available brochure or literature, the attestation already made on the LCA form is sufficient, if true. You should also maintain a copy of the employee benefits plan and summary.

SAMPLE DRAFT ACTUAL WAGE & WORKING CONDITIONS MEMO FOR PUBLIC ACCESS FILE LCA #I-200-16135-721620

Dr. Valay PARIKH Medical Fellow $64,783 per year From: Stacie Rader, Administrative Assistant I.

Actual Wage

The University of Kansas Medical Center establishes wage rates according to PGY levels corresponding to the number of years of post graduate training, and all residents and fellows are compensated accordingly. All of our PGY 7 Fellows, regardless of immigration status, receive a wage of $64,783. II.

Prevailing Wage

Documentation used by the University of Kansas Medical Center to establish the “prevailing wage” is attached. III.

Working Conditions

Valay Parikh’s employment does not adversely impact on working conditions for similarly employed US workers. He is subject to the same working conditions, including hours, shifts, vacation periods, and fringe benefits, as similar workers. The University of Kansas Medical Center’s basic benefits package for residents and fellows includes: health insurance, medical malpractice insurance, paid leave, books, student fees and other similar benefits. These benefits may change from time to time, but are offered to all medical residents and fellows regardless of whether they are US citizens, permanent residents or have USCIS approved work authorization. IV.

Notice Has Been Given of This H-1B filing.

The University of Kansas Medical Center has posted notice of this H-1B filing in two conspicuous places for no less than ten (10) consecutive working days (see attached copies).

Dr. Valay PARIKH LCA #I-200-16135-721620

Documentation on how the prevailing wage determination was reached According to the AAMC Survey of Resident/Fellow Stipends & Benefits, the prevailing wage for this position is $63,797 (see attached). Therefore, your salary offer of $57,767 per year meets the prevailing wage requirements.