Professionals: Securing the LCA

A certified Labor Condition Application (LCA) must be secured prior to filing an H-1B petition with the USCIS.

Filing the LCA

The LCA, also known as an ETA 9035, is a form that is filed via the Internet with the U.S. Department of Labor (DOL). Filing of the LCA online results in instantaneous certification of the document.

Employer Attestations Contained in the LCA

When a U.S. employer files a LCA, the employer is attesting that it:

1. Will pay the H-1B worker wages at least equal to the actual or prevailing wage level for the occupational classification at the place of employment, whichever is greater (the “required wage”) as determined at the time of filing the application
2. The employer will provide working conditions for the H-1B employee that will not adversely affect the working conditions of workers similarly situated
3. There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment
4. Notice has been given to the bargaining representative or, if there is no bargaining representative, a notice of the H-1B filing has been posted in at least two conspicuous locations at the place of employment for a period of ten business days

A single LCA may be filed for multiple positions. However, each LCA is limited to only one occupation.

Post LCA Filing - The Public Access File

DOL regulations require that an H-1B employer maintain a Public Access File (PAF) that is available for public inspection within one day of filing the LCA. The PAF must contain important documents related to the LCA filing, wage data and other related documents.. The PAF must be kept either at the principal place of business or the worksite and must be maintained by the employer for one year beyond the LCA period or one year from the date the LCA is withdrawn. However, if a complaint is filed, the PAF documents must be maintained until the complaint is resolved.