LCA (Labor Condition Application)
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
| Point | What to know |
|---|---|
| Form | ETA-9035 (also filed electronically as ETA-9035E) |
| Who files | The employer, not the worker |
| When | Before the petition. USCIS says the employer submits the DOL-certified LCA with Form I-129 for H-1B |
| What it does not do | It 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.
Related terms and guides
Sources
- USCIS, H-1B specialty occupations, https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations, accessed 31 October 2026
- DOL, Wage and Hour Division, H-1B program, https://www.dol.gov/agencies/whd/immigration/h1b, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.