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Before a U.S. employer can file an H-1B petition for a foreign worker, they must complete an important step: submitting a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL).?The LCA ensures that hiring a foreign worker will not harm U.S. workers, and that the H-1B employee will be paid fairly and treated according to U.S. labor laws.
Here is a simple, employer-friendly explanation of what the LCA is and why it is required.
1. What Is the Labor Condition Application (LCA)?
The Labor Condition Application (Form ETA-9035) is a document that U.S. employers must file with the DOL before they can submit an H-1B, H-1B1, or E-3 visa petition.?The LCA confirms that the employer will comply with U.S. wage, working condition, and labor rules when hiring a foreign worker.
The LCA must be certified by the DOL before USCIS will accept the H-1B petition.
2. Why Is the LCA Required?
The LCA protects the U.S. labor market by ensuring that:
• H-1B workers do not replace U.S. workers
• H-1B workers receive a fair wage based on market conditions
• U.S. employees working in the same role are not negatively affected
• Workplaces uphold all required labor standards
It is a key compliance safeguard in the H-1B program.
3. What Does the Employer Attest to in an LCA?
When submitting an LCA, the employer must make four legal attestations:
3.1 Pay the Required Wage
Employers must pay the higher of:
• The prevailing wage for the occupation and location, or
• The actual wage paid to similar U.S. employees
3.2 Maintain Working Conditions
Hiring an H-1B worker must not reduce working conditions for U.S. employees in similar roles.
3.3 No Strike or Lockout
There must be no active strike or labor dispute at the worksite in the occupation for which the H-1B is sought.
3.4 Notice to U.S. Workers
Employers must provide notice of the LCA filing by:
• Posting a physical notice at the worksite, or
• Notifying the labor union (if applicable), or
• Electronic posting on company channels
4. What Information Does the LCA Contain?
The LCA includes details about:
• Job title
• Occupational category
• Work location(s)
• Salary offered
• Prevailing wage level and source
• Employment dates
• Employer identification information
These details must match the information later filed in the H-1B petition.
5. How Long Does It Take to Get an LCA Approved?
Most LCAs are certified in 7 business days, assuming there are no discrepancies.?Certification is done electronically through the DOL’s FLAG system.
6. What Happens After LCA Certification?
Once certified:
• The employer includes the LCA in the Form I-129 H-1B petition
• The employer must maintain a Public Access File (PAF)
• The H-1B worker’s wages and working conditions must strictly follow the LCA terms
If job location, wage, or role changes, a new LCA may be needed.
7. Employer Compliance & Penalties
Employers must follow the certified LCA conditions throughout the H-1B worker’s employment.?DOL may impose penalties for violations, including:
• Fines
• Wage repayment
• Disqualification from hiring H-1B workers
• Debarment from DOL programs
Strict recordkeeping and compliance are required.
Key Takeaway
The Labor Condition Application (LCA) is a mandatory first step in the H-1B process.?It protects U.S. workers, ensures fair wages for H-1B employees, and establishes the employment conditions for the foreign worker.?Without a certified LCA, an employer cannot file an H-1B petition.
Disclaimer
This article is for informational purposes only and does not constitute legal or immigration advice.?LCA and H-1B rules may change based on updates from the U.S. Department of Labor (DOL) and USCIS.?Always refer to official government sources before filing.
November 29, 2025
