What is an LCA for H-1B? It is the first government filing in almost every H-1B case, and the one most workers never see. Before an employer can file an H-1B petition with USCIS, it must get a labor condition application certified by the Department of Labor. The regulation is direct: "Before filing a petition for H-1B classification in a specialty occupation, the petitioner must obtain a certified labor condition application from the Department of Labor in the occupational specialty in which the alien(s) will be employed" (8 CFR 214.2(h)(4)(i)(B), eCFR).
As of October 29, 2026, this guide explains what the LCA contains, how the timing works, and what H-1B workers are entitled to see.
- An H-1B employer must obtain a certified LCA from DOL before filing the H-1B petition.
- The LCA can be filed no earlier than six months before the intended start date.
- DOL usually decides within seven working days of receiving the LCA.
- The employer attests to wages, working conditions, no strike or lockout, and notice.
- The employer must make a public access file available within one working day after filing.
- An initial H-1B LCA can cover a period of authorized employment of up to 3 years.
Who files the LCA?
The employer. "An employer, or the employer's authorized agent or representative, which meets the definition of 'employer'... and intends to employ an H-1B nonimmigrant in a specialty occupation or as a fashion model of distinguished merit and ability shall submit an LCA to the Department" (20 CFR 655.730(a), eCFR). The same rules cover H-1B1 and E-3 workers, since "the term H-1B is meant to apply to all three categories unless exceptions are specifically noted." The electronic version is Form ETA 9035E.
What does the employer promise?
Four main things. The LCA must state that (20 CFR 655.730(d), eCFR):
| Attestation | What it says |
|---|---|
| Wages | The employer will pay "no less than the greater of" the actual wage paid to similar employees or "the prevailing wage level for the occupational classification in the area of intended employment" |
| Working conditions | Conditions "that will not adversely affect the working conditions of workers similarly employed" |
| No strike or lockout | "There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment" |
| Notice | The employer "has provided and will provide notice of the filing of the labor condition application" |
Benefits are part of the wage promise: they must be "offered to the nonimmigrants on the same basis and in accordance with the same criteria as the employer offers such benefits to U.S. workers" (same). Our guide to prevailing wage levels explains how the wage floor is set.
Some employers also declare their H-1B-dependency or willful violator status, which can bring extra obligations (same).
When can the LCA be filed, and how long does it take?
Up to six months ahead. The LCA is submitted "no earlier than six months before the beginning date of the period of intended employment shown on the LCA." DOL then "will process all LCAs sequentially and will usually make a determination to certify or not certify an LCA within seven working days of the date ETA receives the LCA." The regulation adds that "incomplete or obviously inaccurate LCAs will not be certified by ETA" (20 CFR 655.730(b), eCFR).
How long is an LCA valid?
For the period DOL approves, within a cap. The LCA "is valid for the period of employment indicated by the authorized DOL official," and the validity "will not begin before the application is certified." For an initial LCA, "the period of authorized employment must not exceed 3 years for an LCA issued on behalf of an H-1B or H-1B1 nonimmigrant" (20 CFR 655.750(a), eCFR).
When an extension asks for a period beyond the current LCA, "the petitioner must submit a certified labor condition application with a new validity period that properly corresponds to the new requested validity period on the petition" (8 CFR 214.2(h), eCFR).
How is notice given?
Through a union, or by posting. Where there is a bargaining representative, the employer notifies it. Otherwise, it notifies affected workers "by providing electronic notice of the filing of the LCA or by posting notice in conspicuous locations at the place(s) of employment" (20 CFR 655.730(d)(4), eCFR).
A hard copy notice must be posted "in at least two conspicuous locations at each place of employment where any H-1B nonimmigrant will be employed." The notices "shall be posted on or within 30 days before the date the labor condition application is filed and shall remain posted for a total of 10 days" (20 CFR 655.734, eCFR).
What can H-1B workers see?
More than most realize.
- Your own copy. The employer must give "a copy of the LCA to each H-1B nonimmigrant at the time that such nonimmigrant actually reports to work" (20 CFR 655.730(d)(4)(ii)).
- The public access file. The employer "shall make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S. or at the place of employment within one working day after the date on which the labor condition application is filed with DOL" (20 CFR 655.760(a), eCFR).
- DOL's list. DOL keeps a list of applications that "shall be available for public examination at the Office of Foreign Labor Certification" (20 CFR 655.760(b)).
Records must be kept "for a period of one year beyond the last date on which any H-1B nonimmigrant is employed under the labor condition application" (20 CFR 655.760(c)).
Why does the LCA matter after approval?
Because the promises continue. The wage attestation covers "the period of authorized employment," which is why rules on unpaid time and benching tie back to the LCA. Our guide to H-1B benching and wage rules covers that. Changes in worksite can also require a new LCA; see our guide to when an H-1B amendment is required.
Who enforces the LCA?
DOL's Wage and Hour Division. The regulations give its Administrator "all the Secretary's investigative and enforcement functions" for LCAs, and the Administrator, "either pursuant to a complaint or otherwise, shall conduct such investigations as may be appropriate" (20 CFR 655.800, eCFR). "Administrator" here "means the Administrator of the Wage and Hour Division" (20 CFR 655.715).
Workers can raise problems directly. "Any aggrieved party, as defined in § 655.715, may file a complaint," and "no particular form of complaint is required, except that the complaint shall be written or, if oral, shall be reduced to writing by the Wage and Hour Division official who receives the complaint" (20 CFR 655.806(a), eCFR). The Administrator then decides whether there is reasonable cause to investigate "within 10 days of the date that the complaint is received."
The LCA is also why the H-1B job has to be a real specialty occupation in a defined role and place. Our guide to the H-1B specialty occupation standard covers the USCIS side of that test.
What this means for you
- Ask your employer for your copy of the LCA when you start work.
- Check that the occupation, worksite area and wage on the LCA match your actual job.
- Know that the wage must be at least the higher of the actual and prevailing wage.
- Plan extensions and moves early, since they may need a new LCA.
- Remember that DOL usually takes about seven working days, which affects filing timelines.
Where to start
If you are on an H-1B and want a green card path that does not depend on your employer, our free evaluation at /evaluate/ checks whether EB-1A or the NIW fit your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 29, 2026.
- 8 CFR 214.2(h) (eCFR, current text). Certified LCA required before filing; new LCA for longer periods.
- 20 CFR 655.730 (eCFR, current text). Who files; timing; seven working days; attestations; notice; copy to worker.
- 20 CFR 655.734 (eCFR, current text). Posting requirements.
- 20 CFR 655.750 (eCFR, current text). LCA validity and 3-year cap.
- 20 CFR 655.715, 655.800 and 655.806 (eCFR, current text). Enforcement by the Wage and Hour Division; complaints.
- 20 CFR 655.760 (eCFR, current text). Public access file; DOL list; record retention.
Frequently asked questions
What is an LCA for H-1B?
It is the labor condition application an employer files with the Department of Labor on Form ETA 9035E or ETA 9035. In it, the employer attests that it will pay at least the required wage, provide fair working conditions, is not in a strike or lockout, and has given notice of the filing. USCIS will not accept an H-1B petition without a certified LCA.
How long does LCA approval take?
The regulation says ETA will usually make a determination to certify or not certify an LCA within seven working days of receiving it, and that LCAs filed by mail may not be processed as quickly as those filed electronically. The employer can file up to six months before the start date shown on the LCA, so it can plan ahead of the H-1B filing.
Can I see my employer's LCA?
Yes. The employer must give each H-1B worker a copy of the LCA when the worker reports to work, and must make the LCA and supporting documents available for public examination within one working day after filing, at its principal place of business or the place of employment. DOL also keeps a list of LCAs available for public examination.
What wage does the LCA require?
The higher of two figures: the actual wage the employer pays others with similar experience and qualifications for the job, or the prevailing wage for the occupation in the area of intended employment. Benefits must be offered to H-1B workers on the same basis as to U.S. workers. Our prevailing wage levels guide explains how the prevailing wage is set.
Do I need a new LCA if I change worksites?
Often, yes, if the new worksite is outside the area covered by the existing LCA. A new or extended period beyond the current LCA's validity also needs a new certified LCA. Because each LCA is tied to an occupation, an area and a period, check with the employer's attorney before any move, and see our guide to when an H-1B amendment is required.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
