What Is a Labor Condition Application (LCA) and Why Does My Employer File One for H-1B?
By Pinal Dave Last updated: 2026-08-01
TL;DR: A Labor Condition Application (LCA), Form ETA-9035, is a filing an employer submits to the Department of Labor before filing an H-1B petition. It attests the employer will pay the required wage, will not undercut working conditions for similarly employed U.S. workers, and will meet notice requirements. USCIS will not approve an H-1B petition without a certified LCA attached.
What the LCA Actually Attests
Filing an LCA is the employer making four formal, legally binding promises to the Department of Labor:
- Wage attestation — the employer will pay the H-1B worker at least the higher of the actual wage paid to similarly situated employees or the prevailing wage for the occupation in that geographic area.
- Working conditions attestation — employment of the H-1B worker will not adversely affect the working conditions of similarly employed workers.
- No strike or lockout attestation — there is no ongoing strike or lockout in the relevant occupational classification at the place of employment.
- Notice attestation — the employer has provided notice of the LCA filing to its own workers, either by physical posting at the worksite or through another acceptable method (such as electronic notice), and has notified any relevant union.
Where the LCA Fits in the H-1B Process
| Step | What happens | Filed with |
|---|---|---|
| 1. Prevailing wage determination (optional but common) | Employer establishes the required wage level for the role and location | Department of Labor |
| 2. Labor Condition Application (LCA) | Employer attests to wage, working conditions, notice, and no-strike requirements | Department of Labor (FLAG system) |
| 3. LCA certification | DOL certifies the LCA, typically within about a week absent errors, though timing can vary | Department of Labor |
| 4. Form I-129 H-1B petition | Employer files the H-1B petition with the certified LCA attached | USCIS |
| 5. USCIS adjudication | USCIS reviews the petition, including whether the job and LCA match | USCIS |
Why the LCA Exists
The LCA is the mechanism Congress built into the H-1B program to protect the U.S. labor market — it is meant to prevent employers from using H-1B workers to undercut wages or working conditions compared to what U.S. workers doing the same job would receive. It is a Department of Labor document, separate from USCIS's petition-level adjudication, which is why H-1B has both a DOL and a USCIS stage.
Step-by-Step: What Employers and Employees Should Check
- Confirm the wage level. The employer selects a wage level (commonly Level 1 through Level 4) based on the role's actual duties and required experience — this affects the required minimum salary and can become an RFE issue if it looks mismatched to the job description.
- Verify the worksite address on the LCA matches the actual work location. A material change in worksite, especially outside the original metropolitan statistical area, can require a new or amended LCA and petition.
- Check that notice was posted correctly. Improper notice can be a compliance finding in a DOL audit even after the H-1B is approved.
- Keep the Public Access File. Employers must maintain specific documentation (the LCA, wage data, and related records) accessible for public inspection for a set retention period.
- Match the LCA occupation code (SOC/O*NET) to the actual job duties. Mismatches between the LCA's stated occupation and the I-129's job description are a common source of USCIS requests for evidence.
FAQ
Does an H-1B worker ever see or sign the LCA? Not always directly, but the LCA becomes public record once certified, and workers can request or view Public Access File documents related to their case from the employer.
What happens if an employer moves the worker to a new job site? A move outside the area of intended employment covered by the original LCA can trigger the need for a new LCA and, often, an amended H-1B petition before the employee begins working at the new location.
Can the LCA be denied? Yes, though outright denials are less common than certifications with errors that require correction and resubmission. Certification is largely a paperwork and attestation review, not a merits review of the job itself.
Is the LCA the same as PERM labor certification for a green card? No. The LCA is specific to H-1B (and a few other nonimmigrant categories) and is a much lighter attestation process. PERM is the labor certification process for most employment-based green card categories and involves recruitment and a full labor market test.
Who decides the prevailing wage level used on the LCA? The employer typically determines the wage level based on job duties, education, experience, and supervisory responsibility, often using Department of Labor's wage data tools or a formal prevailing wage determination request.
Can a worker switch employers without a new LCA? No. Each new H-1B employer must file its own LCA and H-1B petition before the worker begins employment with that new employer, even under H-1B portability rules.