Labor Condition Applications: Rules and Filing Steps

Some U.S. work visas require employer sponsorship, meaning the employer—not the employee—must petition for a visa on your behalf, and often complete specific legal steps before doing so. One of the most important of these steps is the labor condition application (LCA).

What is a Labor Condition Application (LCA)?

A labor condition application is a set of legal promises the employer makes to the Department of Labor (DOL) to protect both the foreign worker and U.S. workers. The purpose of the LCA is to make sure employers pay fair wages, maintain safe working conditions, and don’t use foreign workers to undercut the U.S. labor market. When an employer submits a labor condition application, they are certifying under penalty of perjury that they will follow these rules.

An LCA is not a visa petition, and employers must have a certified LCA to file an H-1B petition.

Who needs to file the LCA?

The labor condition application is a requirement for the following nonimmigrant visas:

• H-1B (specialty occupations)
• H-1B1 (workers from Chile and Singapore)
• H-1B3 (fashion models)
• E-3 (Australian specialty occupation workers)

The sponsoring employer is responsible for filing an LCA. Employees do not need to file an LCA, even in cases of H-1B self-sponsorship.

Employers must get the LCA certified before filing Form I-129 with USCIS (U.S. Citizenship and Immigration Services).

Labor condition statements

A core part of the labor condition application is the set of legal promises (attestations) an employer must make before hiring an H-1B or other foreign worker. These statements exist to protect workers, and employers must follow them exactly. LCAs are sworn statements, enforceable under penalty of perjury. Misrepresentation or inaccurate information can lead to serious consequences, such as fines, back wages, debarment from immigration programs, or denial of a visa application.

Wage requirements

• Pay the worker at least the higher of the prevailing wage or the actual wage paid to similar employees.
• Give the employee the same benefits offered to U.S. workers in similar positions.
• Ensure wage increases follow the same schedule as for comparable U.S. workers.

Working conditions

• Hiring the sponsored worker will not harm the working conditions of U.S. workers in similar jobs.
• The employee will work in an environment that meets the same standards as other company employees.
• Hours, shifts, and working conditions will not be worse than those of comparable U.S. employees.

Strikes or lockouts

• At the time of filing the LCA, there is no ongoing strike, lockout, or work stoppage in the worker’s occupation at the worksite.
• If a labor dispute arises after filing, the employer must notify the Department of Labor immediately.

Notice to workers

• Inform U.S. workers that the LCA is being filed, either by posting notices at the worksite or notifying the relevant union and bargaining representative.
• Provide the notice at least 30 business days before the LCA is filed.
• Make the LCA and any supporting documentation available in a public access file within one business day of filing.

Additional attestations

Some employers must make extra promises depending on their size and hiring history. These apply only if the employer is H-1B-dependent, meaning a large percentage of its staff are H-1B workers, or if the employer was previously found in violation of H-1B rules.

These employers must also declare that they will:

• Make a good-faith effort to recruit U.S. workers first.
• Avoid displacing U.S. workers from similar jobs within 90 days before or after hiring the H-1B worker.
• Avoid relocating the H-1B worker to another employer’s worksite unless that employer also complies with non-displacement rules.

How to file a labor condition application

Step 1. Get a prevailing wage determination

Before LCA filing, the employer must identify the correct prevailing wage—the minimum wage required for the role based on job duties and work location. This can be done either by submitting a request to the Department of Labor through the FLAG system or by using the DOL’s online wage data. The employer must agree to pay at least this wage.

Step 2. Complete Form ETA-9035 (the LCA)

Form ETA-9035 collects basic information about the company and the job, including the business name and address, the number of employees, the job title, duties, work location, and the wage offered. As part of the form, the employer must also agree to several required statements that make up the heart of the LCA.

Step 3. Submit the LCA to the U.S. Department of Labor

Employers must submit the LCA electronically through the DOL’s FLAG system. Paper filing is allowed only in rare circumstances: when the employer has a physical disability that prevents them from doing so, or when they have no internet access and truly cannot file online. In those cases, the employer must get special permission from the Office of Foreign Labor Certification (OFLC) before they can submit a paper LCA form.

Step 4. Wait for certification

DOL typically processes labor condition applications within seven business days. Employers can log into the FLAG portal at any time to check an application’s status.

Once approved, DOL issues a certified LCA, and the employer can file Form I-129, Petition for a Nonimmigrant Worker and supporting documents with the USCIS.

Labor certification applications can only be filed within six months of the employee’s intended start date.

LCAs for existing H-1B visas

A new LCA filing is required when any material change occurs to an H-1B worker’s job that affects their wage rate, place of employment, or the terms initially certified. Employers must file a new LCA before the change takes effect.

Here are some examples of when H1-B employers must file a new LCA:

• The employee moves to a new worksite outside the area of intended employment.
• The employee’s role or job duties change materially
• The employee’s wage level or hours change significantly from what was listed in the original LCA.
• The employer changes—such as through acquisition, merger, or restructuring—unless the new entity agrees in writing to assume all LCA obligations.

Employers who aren’t sure whether a change counts as “material,” should file a new LCA or speak with an immigration attorney to avoid compliance issues.

Avoid LCA complications

While employers aren’t legally required to use an immigration attorney, the process is detailed and easy to get wrong. Having an expert review filings can prevent delays, denials, and compliance issues.

👉 Request a consultation with one of Manifest Law’s H-1B visa attorneys to get clear guidance and a smooth, timely filing.

Labor condition application FAQs

When is the LCA filed?

The LCA is filed before the employer submits Form I-129. For H-1B employers, this usually happens after they have:

• Registered (and selected) in the H-1B visa lottery
• Obtained the prevailing wage information needed to complete the LCA

Does the H-1B2 require an LCA?

No, the H-1B2 visa does not require a labor condition application. The H-1B2 visa classification is exempt from LCA wage and working-condition attestations because it falls under a separate regulatory category tied to DOD projects.

How long does it take to process the LCA?

Most LCAs are processed within about seven business days of submission through the Department of Labor’s FLAG system.

How do I check the status of an LCA?

You can check your status of the labor condition application using the Department of Labor’s case status search tool, but you will need the case number from your employer. You can also ask to see the completed LCA, which your employer is legally required to give you access to once they have filed.