LCA (Labor Condition Application)
An LCA, or Labor Condition Application, is a form (ETA-9035) that a US employer files with the Department of Labor (DOL) before sponsoring an H-1B, H-1B1, or E-3 worker. In it, the employer promises to pay at least the required wage and to meet working-condition rules.
How it works
The employer must pay the higher of the actual wage it pays similar workers or the local prevailing wage for the job. It must also post notice of the filing at the worksite and keep a public access file.
DOL certifies the LCA, usually within about 7 working days, before the employer files the H-1B petition with USCIS. An LCA covers a specific job and location, so a move to a new worksite outside the area may need a new LCA and an amended petition.
The LCA is not the same as PERM labor certification, which is for green cards. See our H-1B visa page and the employer guide to H-1B sponsorship.
Frequently asked questions
Is the LCA the same as PERM?
No. The LCA is for temporary work visas like H-1B. PERM is a labor certification for employment-based green cards.
Can I see my employer's LCA?
Yes. Certified LCAs are public, and employers must keep a public access file.
Who pays for the LCA?
DOL does not charge a filing fee for the LCA.
Official sources
- DOL: H-1B programdol.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.