What Is H1B LCA ? Why File It ? Salary, Processing Times – DOL

If you plan to work in the US on an H1B Visa, after you go through the H1B registration Lottery, you need to file an H1B Labor Condition Application(LCA) with the US Department of Labor(DOL). An approved H1B LCA is one of the first steps toward getting your H1B work visa in the US.

H1B LCA is critical for making sure you are paid fairly as a foreign worker and not taken advantage of by any of the US employers. This article will cover all aspects of an H1B LCA, including processing times and frequently asked questions about LCAs.

Article Contents hide 1. What is an H1B LCA? 2. What does the H1B LCA contain? 3. What is the employer declaring by filing an H1B LCA with DOL? 4. H1B LCA Processing time? FEIN Time? 5. H1B Minimum Wage or Prevailing Wage in LCA? 6. Client Information – Outsourcing Companies LCAs 7. How to Check H1B LCA Online? 8. Sample H1B LCA Copy

What is an H1B LCA?

An LCA, in the context of work visas and immigration, stands for Labor Condition Application. It is a mandatory document that an H1B Sponsor/Employer needs to file with the US Department of Labor (DOL) before they file an H1B petition with USCIS for any non-immigrant worker. This requirement to file an LCA is per the Immigration and Nationality Act (INA) to meet the wage and working conditions requirements.

The US Department of Labor uses the Labor Condition Application (LCA) for “H1B”, “H1-B1” (used by Chile & Singapore nationals), and “E-3” (Australians) Programs. If the LCA is used to submit an H1B petition with USCIS, it is commonly called an “H1B LCA”.

To file an H1B LCA, the H1B Sponsor/ Employer must file ETA Form 9035 / 9035E electronically with US DOL using their Online system called “Foreign Labor Certification Gateway (FLAG).“

What does the H1B LCA contain?

An H1B Labor Condition Application (LCA) form has all the essential information regarding the offered job, wage details, location, etc., that are offered to the foreign worker.

Below are the Details that are in an H1B LCA:

• The job title of the H1B position offered
• Standard Occupation Classification Code, also known as the SOC Code
• Duration of the job position offered (up to 3 years )
• If the position offered is either full-time or not.
• Total number of job positions the LCA is applicable to ( can be one or any number)
• Wage Rate / Salary offered for the H1B position
• The location of the job position, which is referred as the “Place of Employment.”
• Is it for a new job or for continuing employment
• The Prevailing Wage for the same position in that area.
• Employers’ & Attorney contact information.
• Whether the employer is an H1B Dependent or not.
• Public disclosure – where LCA will be posted for public viewing.

We have included a sample H1B LCA copy at the end of the article for your review to see how this information is presented.

What is the employer declaring by filing an H1B LCA with DOL?

As foreign workers are new to America, there is every possibility that certain employers may take advantage of them and treat them unfairly in terms of wages, benefits, and other working conditions. To address such unfair treatment, the Immigration and Nationality Act(INA) has put regulations in place to prevent such abuse, and the US Department of Labor enforces these INA regulations.

The US Dept of Labor introduced H1B LCA to protect the employee’s fundamental rights at the work location in terms of wages, working conditions, and policies. In the LCA form, employers declare/attest under penalty of perjury that they will abide by the labor laws and be compliant in the following areas:

1. Pay Prevailing Wage: The foreign worker will be paid equally, similar to their other employees in that location or the prevailing wage rate in a particular location, whichever is higher for that position, and the foreign worker will be paid during the non-productive time. Also, they provide the same benefits as regular US workers. Read How to Determine LCA Minimum Wage for a Job
2. Working Conditions, Hours: The employer will provide the same working conditions as US workers, and employing foreign workers will not adversely impact the working conditions at the location, including hours, vacation time, and shifts.
3. Strike or Lockout Info: There is no strike, lockout, or any other work stoppage for the named occupation in the place of employment during the filing of the LCA.
4. Post LCA Notice, Share to Union, Employees: The employer will provide a copy of the LCA to the employed workers in that location and will also give the same to the union, if any. Also, post the H1B LCA in two conspicuous locations where H1B workers will be employed or distributed through electronic notification to the employees in that location.

Official Regulation H1B LCA: If you want additional details on the above rules and more info, you can read the official regulation on LCA at INA § 212(n)-(p) on the US DOL website

As per worker rights, as a foreign worker going through the LCA process, the foreign worker is entitled to receive a copy of the LCA from the H1B Sponsoring employer if they plan to file an H1B petition with USCIS. As a foreign worker, you can request for the LCA if you did not get it. You can read H1B Rights for workers. Below is the screenshot of the same.

Employers usually post the H1B LCA on their official websites’ career section for public viewing. For instance, check Infosys H1B LCA Postings, Accenture LCA Postings

H1B LCA Processing time? FEIN Time?

The US Department of Labor(DOL) says it will review and process H1B LCAs within seven working days. The short processing time of LCA is due to their new FLAG system for online submission of LCAs. See the screenshot below from their official website.

FEIN Processing Time: If your employer has never done an LCA filing before, the DOL’s LCA filing system may not recognize their Federal Employer Identification Number (FEIN). So, they need to first verify their FEIN with the Department of Labor ( DOL), and it can take five working days. If you work for a startup and they do not have a FEIN, then you need to factor in additional time.

Also, if you are filing an H1B visa under the new quota cap, during the first week of April, the system can be pretty busy, and there is a risk of system outage. You may need to factor in that time as well. The reason is that the H1B Registration Process usually ends by March 31st, and employers will start filing LCAs in the system in early April.

Overall, it is recommended that the employer start the process earlier in March or even before if they plan to file H1B in April.

H1B Minimum Wage or Prevailing Wage in LCA?

One of the most critical aspects of an H1B LCA is the prevailing wage for the position being offered. The wage information for the position is also present in the LCA under the section “F. Employment and Prevailing wage Information“, which says “Wage Rate Paid to Nonimmigrant Worker“. See the screenshot below for its location in an H1B LCA and how it looks.

It is crucial to select the right wage level to avoid future issues. USCIS has been very particular about this and denied many petitions for not choosing the right wage, as many selected the ‘Level 1 wage’. Read the article How to find the Minimum or Prevailing Wage in an Area for H1B LCA

Client Information – Outsourcing Companies LCAs

Starting from October 2018, the LCA form also added a new mandatory requirement that if an employee is working at a client site as a contractor, then they need to mention the Client’s Name and complete address as well. It looks like the below in the LCA, as in the screenshot. This has caused a lot of stir in the market as the data on IT Outsourcing companies at large companies was revealed. You can read Top 20 Clients for Major Outsourcing MNCs

iCERT System vs. FLAG System for Filing H1B LCA

The previous US Department of Labor used a system called the “Immigration Certification” system that was called “iCERT” for accepting H1B LCAs online. They have migrated from iCERT and use a new online system called Foreign Labor Application Gateway(FLAG) for accepting H1B LCAs online.

How to Check H1B LCA Online?

There are a few ways you can check H1B LCA details and status online. In the past, DOL had the option to view the LCA details, but now they have limited functionality, and you can only see the basic status, and it only works for the most recent year. But, as part of public disclosure, the Dept of Labor publishes the LCA data for public review in the form of Excel files. You can download and review them. But, they are not in a consumable format as the files are large with hundreds of thousands of rows.

There are a few websites like H1BGrader.com that present the H1B LCA data in a more user-friendly format with features such as an LCA search. Below are the options:

• Check H1B LCA Online: You can search and check your H1B LCA on H1BGrader.com website. You can look up data for all years in the last 10+ years; you need to enter the LCA number or you can also browse by year for a company.
• FLAG – LCA search: On the US DOL Flag website, you can see basic information only, and it only works for the most recent fiscal year data. Check FLAG Case Status Search
• Official H1B LCA Data Excels: To view data, you will need to download the excel files and then view them manually. Check US Dept of Labor Performance Data.

Overall, filing an LCA with the US Department of Labor is a prerequisite for filing an H1B Visa petition with USCIS. You need to include a copy of the certified LCA along with your H1B application package sent to USCIS. It is critical for any prospective US work visa seeker to plan and factor in the required time to file an LCA as part of the H1B process.

Sample H1B LCA Copy

Below is a sample copy of an H1B LCA filed with the US Department of Labor

Did I miss out on anything? How was your LCA Filing experience? If you were selected in H1B Visa 2026 Season lottery, plan accordingly with your employer…

What are your thoughts on the H1B LCA process? Share your thoughts and questions in the comments section below.

References: US DOL Website – LCA Instructions