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LCA (Labor Condition Application)

LiveRec EditorialUpdated

A Labor Condition Application (LCA) is the form an employer files with the Department of Labor for H-1B, E-3 and H-1B1 workers to attest that it will pay at least the actual or prevailing wage and that the job will not harm similarly employed workers.

What the employer promises

On the LCA the employer attests to the Department of Labor (DOL) that it will pay the worker at least the higher of two figures: the actual wage the employer pays similarly qualified workers, or the prevailing wage for the occupation in the area. It also gives notice of the filing as DOL requires, which may be done by electronic posting.

Key facts

PointWhat to know
FormETA-9035 (also filed electronically as ETA-9035E)
Who filesThe employer, not the worker
WhenBefore the petition. USCIS says the employer submits the DOL-certified LCA with Form I-129 for H-1B
What it does not doIt does not give a worker status. USCIS approves the petition

What it means for you

The LCA states the job title, work location and wage the employer is committing to. If your role, location or pay changes materially, ask your employer and attorney whether a new filing is needed. A copy of what the employer filed is something to ask your employer for when you accept the offer.

Example

The LCA must be certified before Form I-129 is filed. The certified copy then goes in with the petition.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.