LCA in H1B: Complete Guide to Labor Condition Applications (2025)
If you’ve been researching the H1B process, you’ve probably come across the term LCA more than once. Employers need it, employees wait for it, and USCIS won’t even look at your H1B petition until it’s in place.
But what exactly is an LCA in H1B? Why does it matter so much, and what does it mean for you as the employee or for your employer trying to get the paperwork right? Let’s break it down in plain English.
What is an LCA (Labor Condition Application) in the H1B Process?
The Labor Condition Application (LCA) is a form that your employer files with the U.S. Department of Labor before submitting your H1B petition. Think of it as a promise: your employer is telling the government, “We’ll pay this worker fairly, and we won’t hurt U.S. workers in the process.”
It’s mandatory. Without an approved LCA, the H1B petition cannot move forward.
Why it matters
For employees: It protects you from being underpaid or mistreated.
For employers: It demonstrates compliance with federal regulations.
The form itself is called ETA 9035, but most people simply say “LCA.”
H1B LCA Requirements: The Four Main Attestations
When your employer files the LCA, they are making four promises, legally called attestations. These are the backbone of H1B LCA requirements:
Wages – You must be paid at least the “required wage,” which is either the prevailing wage for your job and location or what the company pays similar workers—whichever is higher. This protects both H1B employees and the U.S. labor market.
Working Conditions – Hiring you must not negatively impact the working conditions of U.S. workers. Your employer cannot make life harder for the existing team just because you’re on board.
Strike/Lockout – There cannot be a strike or lockout in your job category at the time of filing. The H1B process cannot be used to bypass labor disputes.
Notice – Your employer must notify U.S. employees that the LCA is being filed, usually through posting a notice on a company bulletin board or electronically for at least 10 business days.
Each attestation carries compliance obligations. Employers must maintain a Public Access File (PAF) ready for inspection by the Department of Labor.
How Long Does it Take to Get an H1B LCA Approved?
The good news: LCA approval is usually quick. Once filed online via the Department of Labor’s FLAG system, an LCA is typically approved in about 7 business days.
Sometimes it’s faster; occasionally, delays occur if the system is busy.
USCIS will not accept an H1B petition without an approved LCA, so this step sets your timeline.
Employers planning for H1B cap season usually file LCAs in advance to avoid last-minute issues.
Pro tip for employers: File early—even a one-week delay can risk missing the filing window.
H1B LCA Filing Process: Step-by-Step Guide
The H1B LCA filing process generally follows these steps:
Determine the prevailing wage
Employer calculates the wage level for the role based on location and work type.
Prepare the LCA
Employer or attorney completes ETA 9035 online.
Post notice
U.S. workers are notified that the LCA is being filed.
Submit to DOL
LCA is filed electronically.
Wait for certification
DOL reviews and certifies the LCA.
Timeline: Usually 7 business days.
Once certified, the LCA is valid for up to three years and can cover multiple employees in the same role and location.
Why the LCA Deserves More Attention Than It Gets
Many treat the LCA as a simple step before filing the “real” H1B petition. But it’s the foundation of compliance. Mistakes in wage level, role classification, or notice posting can result in:
RFEs or denials from USCIS
Employee status risks
As an employee, you may not be directly involved, but it affects your job security and H1B eligibility.
Ask your employer or attorney:
What prevailing wage level is being used?
Has the notice been posted?
When was the LCA filed?
FAQ: Common Questions About H1B LCAs
Q: Is an LCA required for every H1B?
Yes, every H1B petition requires a certified LCA from the Department of Labor.
Q: How long is an H1B LCA valid?
Up to three years, covering multiple workers in the same role and location.
Q: What happens if an employer violates the LCA?
Violations can trigger DOL investigations, fines, and potentially impact the employee’s H1B status.
Bottom Line
The LCA in H1B is more than paperwork—it’s a safeguard. It ensures fair pay for employees, protects U.S. workers, and establishes compliance for employers.
Employees: Verify the details and ask questions.
Employers: Plan ahead, file early, and maintain a complete Public Access File.
If this seems overwhelming, it’s wise to consult an attorney. Proper LCA management ensures your H1B filing goes smoothly and avoids unnecessary delays.