Understanding LCA: Labor Condition Application for H-1B and What It Means for You
Before filing H-1B, employers must get LCA approved. Here's what LCA contains, why it matters, and how it affects your wages and working conditions.
Quick Answer
LCA (Labor Condition Application) is Department of Labor certification required before H-1B filing. Employer attests they'll pay prevailing wage, provide working conditions equal to U.S. workers, won't displace U.S. workers, and have notified existing employees about H-1B hire. LCA specifies your work location, job title, and minimum salary. Working outside LCA-approved location or below LCA wage violates your status. LCA is public record.
Key Takeaways
LCA required before any H-1B petition can be filed
Employer attests to prevailing wage, working conditions, no displacement
Specifies exact work location(s) and wage
Working outside approved location requires new LCA
LCA is public record (anyone can look it up)
Violations can result in employer penalties and your status issues
Key Takeaways
LCA required before any H-1B petition can be filed
Employer attests to prevailing wage, working conditions, no displacement
Specifies exact work location(s) and wage
Working outside approved location requires new LCA
LCA is public record (anyone can look it up)
Violations can result in employer penalties and your status issues
Table of Content
What Is LCA
Labor Condition Application (ETA Form 9035) is Department of Labor form employers file before H-1B petition. It certifies employer will meet certain requirements for employing H-1B workers.
Employer attestations:
Pay at least prevailing wage for occupation and location
Provide working conditions that won't adversely affect U.S. workers
No strike or lockout at workplace
Notice given to existing employees about H-1B hire
Won't displace U.S. workers (for H-1B dependent employers)
DOL reviews and certifies LCA (usually 7 days processing). Certified LCA then submitted with H-1B petition to USCIS.
Prevailing Wage Explained
Prevailing wage is minimum salary DOL determines for specific occupation in specific geographic area. Employer must pay at least this amount.
Wage levels:
Level 1: Entry level (17th percentile)
Level 2: Qualified (34th percentile)
Level 3: Experienced (50th percentile)
Level 4: Fully competent (67th percentile)
Example: Software Developer in San Francisco:
Level 1: ~$120,000
Level 2: ~$145,000
Level 3: ~$170,000
Level 4: ~$195,000
Employer selects level based on job requirements and your qualifications. Your H-1B salary must meet or exceed this amount.
Geographic Restrictions
LCA specifies exact work location(s). You can only work at locations listed on LCA.
Scenario | LCA Required? |
|---|---|
Working at office listed on LCA | No action needed |
Short-term placement (<30 days) | Usually covered under short-term exception |
Permanent move to new city | New LCA required |
Remote work from different metro area | New LCA required |
Client site in same metro area | May be covered, verify with attorney |
If your work location changes permanently, employer must file new LCA and H-1B amendment before you relocate.
LCA Public Access File
Employers must maintain public access file with LCA documentation available for public inspection. Anyone can request to see it.
File contains:
Certified LCA
Prevailing wage documentation
Evidence of wage payment
Notice to employees documentation
Summary of benefits for H-1B vs U.S. workers
This transparency allows for complaints if employer violates LCA terms.
What LCA Means for Your Salary
Your salary cannot drop below LCA wage for any reason. If LCA states $150,000 and employer wants to reduce salary to $130,000, this violates LCA terms. Employer must pay LCA wage even if business is slow.
Your protections:
Cannot be paid less than LCA wage
Must receive same benefits as comparable U.S. workers
Cannot be charged for H-1B petition costs (employer must pay)
Working conditions must not adversely affect you
Wage and Hour Violations
If employer pays less than LCA wage or deducts illegal amounts from salary, this is wage and hour violation.
Illegal deductions:
H-1B filing fees charged to you
Immigration attorney fees charged to you
Training costs deducted below LCA wage
Any deduction bringing salary below prevailing wage
File complaint with DOL Wage and Hour Division if employer violates. Back wages may be recovered.
H-1B Dependent Employers
Employers with high percentage of H-1B workers face additional requirements.
H-1B dependent if:
25 or fewer employees: 8+ are H-1B
26-50 employees: 13+ are H-1B
51+ employees: 15%+ are H-1B
Additional attestations:
Didn't displace U.S. worker 90 days before or after hire
Offered position to equally qualified U.S. workers
Will not place H-1B at another employer where displacement would occur
Finding Your LCA
LCA data is public. You can search at DOL's Foreign Labor Certification Data Center (flcdatacenter.com) for LCA details including employer, job title, wage, and location.
Search by employer name to see what they've filed for other H-1B workers (useful during salary negotiation).
What Is LCA
Labor Condition Application (ETA Form 9035) is Department of Labor form employers file before H-1B petition. It certifies employer will meet certain requirements for employing H-1B workers.
Employer attestations:
Pay at least prevailing wage for occupation and location
Provide working conditions that won't adversely affect U.S. workers
No strike or lockout at workplace
Notice given to existing employees about H-1B hire
Won't displace U.S. workers (for H-1B dependent employers)
DOL reviews and certifies LCA (usually 7 days processing). Certified LCA then submitted with H-1B petition to USCIS.
Prevailing Wage Explained
Prevailing wage is minimum salary DOL determines for specific occupation in specific geographic area. Employer must pay at least this amount.
Wage levels:
Level 1: Entry level (17th percentile)
Level 2: Qualified (34th percentile)
Level 3: Experienced (50th percentile)
Level 4: Fully competent (67th percentile)
Example: Software Developer in San Francisco:
Level 1: ~$120,000
Level 2: ~$145,000
Level 3: ~$170,000
Level 4: ~$195,000
Employer selects level based on job requirements and your qualifications. Your H-1B salary must meet or exceed this amount.
Geographic Restrictions
LCA specifies exact work location(s). You can only work at locations listed on LCA.
Scenario | LCA Required? |
|---|---|
Working at office listed on LCA | No action needed |
Short-term placement (<30 days) | Usually covered under short-term exception |
Permanent move to new city | New LCA required |
Remote work from different metro area | New LCA required |
Client site in same metro area | May be covered, verify with attorney |
If your work location changes permanently, employer must file new LCA and H-1B amendment before you relocate.
LCA Public Access File
Employers must maintain public access file with LCA documentation available for public inspection. Anyone can request to see it.
File contains:
Certified LCA
Prevailing wage documentation
Evidence of wage payment
Notice to employees documentation
Summary of benefits for H-1B vs U.S. workers
This transparency allows for complaints if employer violates LCA terms.
What LCA Means for Your Salary
Your salary cannot drop below LCA wage for any reason. If LCA states $150,000 and employer wants to reduce salary to $130,000, this violates LCA terms. Employer must pay LCA wage even if business is slow.
Your protections:
Cannot be paid less than LCA wage
Must receive same benefits as comparable U.S. workers
Cannot be charged for H-1B petition costs (employer must pay)
Working conditions must not adversely affect you
Wage and Hour Violations
If employer pays less than LCA wage or deducts illegal amounts from salary, this is wage and hour violation.
Illegal deductions:
H-1B filing fees charged to you
Immigration attorney fees charged to you
Training costs deducted below LCA wage
Any deduction bringing salary below prevailing wage
File complaint with DOL Wage and Hour Division if employer violates. Back wages may be recovered.
H-1B Dependent Employers
Employers with high percentage of H-1B workers face additional requirements.
H-1B dependent if:
25 or fewer employees: 8+ are H-1B
26-50 employees: 13+ are H-1B
51+ employees: 15%+ are H-1B
Additional attestations:
Didn't displace U.S. worker 90 days before or after hire
Offered position to equally qualified U.S. workers
Will not place H-1B at another employer where displacement would occur
Finding Your LCA
LCA data is public. You can search at DOL's Foreign Labor Certification Data Center (flcdatacenter.com) for LCA details including employer, job title, wage, and location.
Search by employer name to see what they've filed for other H-1B workers (useful during salary negotiation).
Frequently Asked Questions
What if employer pays less than LCA wage?
This is violation of LCA terms. File complaint with DOL Wage and Hour Division. You may recover back wages.
Can I work from home if LCA lists office address?
Depends. If home is in same metro area as office, usually fine. Different metro area requires new LCA.
What happens if I work at unapproved location?
Technical violation of status. Employer may face penalties. Your H-1B status could be questioned.
Who pays for H-1B filing?
Employer must pay filing fees. Charging you for these fees is illegal deduction that may violate LCA wage requirement.
Can I see my LCA?
Yes. Ask employer for copy or search DOL database. LCA is public record.
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