What Is LCA
A Labor Condition Application (LCA) is a mandatory attestation form that employers must file with the U.S. Department of Labor before petitioning for H-1B visa workers. The employer certifies compliance with specific labor standards and working conditions for the position being filled. This document is required for every H-1B petition, regardless of the worker's experience level or job title.
The LCA is Form ETA 9035/9035E and must be approved by the Department of Labor before an employer can file the corresponding H-1B petition (Form I-129) with USCIS. The application process typically takes 7 to 10 business days, though expedited processing is available in some cases.
Key Requirements and Attestations
When filing an LCA, employers must make four core attestations to the Department of Labor:
- Prevailing Wage Compliance: The employer will pay the H-1B worker at least the prevailing wage for the position in the relevant geographic location. This wage is determined by the Department of Labor and varies significantly by occupation and region. As of 2024, prevailing wages for skilled occupations in major tech hubs range from $85,000 to over $200,000 annually.
- Working Conditions: The employer attests that hiring the H-1B worker will not adversely affect the working conditions of U.S. workers in the same position. This prevents employers from using H-1B workers to undercut domestic salaries.
- Recruitment Effort: The employer confirms it has made good faith recruitment efforts to find qualified U.S. workers before hiring an H-1B employee, though this requirement varies by visa category and employer size.
- Strike and Lockout History: The employer declares it is not currently involved in a labor dispute or strike affecting the position.
Impact on Your H-1B Sponsorship
The LCA is a critical gatekeeping document. Without an approved LCA, USCIS will not process your H-1B visa petition. Many employer delays in filing H-1B petitions stem from incomplete or inaccurate LCA submissions that require Department of Labor revisions.
If you are pursuing H-1B sponsorship, confirm with your employer that they have filed the LCA before they submit your I-129 petition. Request documentation of the LCA approval notice. Some employers mistakenly believe they can file the H-1B petition and submit the LCA afterward, which causes processing delays of 4 to 8 weeks.
Common Questions
- Can I change jobs on H-1B while the LCA is pending? No. The LCA is position and employer specific. If you change employers or job duties, your new employer must file a separate LCA and H-1B petition. You cannot work for the new employer until the new LCA is approved and the H-1B amendment is filed.
- Does an LCA guarantee my H-1B approval? An approved LCA is necessary but not sufficient for H-1B approval. USCIS still reviews the petition for eligibility, job qualifications, and other requirements. An LCA approval rate exceeds 99 percent, but H-1B petition denials occur in approximately 10 to 15 percent of cases nationwide.
- How long is an LCA valid? An approved LCA is valid for three years from the date of approval and covers up to three years of H-1B employment. If your H-1B status expires before the LCA expires, your employer must file a new H-1B petition with a new LCA for renewal.
Related Concepts
- H-1B Visa - The specialty occupation visa category for which an LCA is required
- Prevailing Wage - The mandatory wage determination that employers certify in the LCA