What Is a Labor Condition Application (LCA)?

A Labor Condition Application (LCA) is a document that U.S. employers are required to submit to the Department of Labor (DOL) as part of the visa application process for foreign workers. The LCA is a detailed form that provides information about the job the foreign worker is being hired to do and the wages and benefits the employer is offering. The DOL will review the LCA to ensure that the job being offered to the foreign worker is in compliance with federal and state labor laws, including the Fair Labor Standards Act, the Immigration and Nationality Act, and the Occupational Safety and Health Act.

We are here to guide you through the process of completing and filing the LCA, ensuring that all requirements and regulations are met. Our immigration attorneys are dedicated to helping individuals, couples, and families understand the complex process of obtaining visas for legally working in the United States.

H-1B Visa Application

The DOL is the agency tasked with protecting U.S. workers and their wages from foreign workers. With that in mind, the H-1B regulations require U.S. employers that sponsor foreign nationals to work in the U.S. in H-1B status to notify the public, and specifically potentially impacted U.S. workers of their intent to hire foreign workers; how many, in what role, where they will perform the work and the wages that will be paid.

Once the workers have been put on Notice, the petitioning U.S. employer is responsible for preparing and submitting to the DOL the Labor Condition Application (LCA). After the LCA is approved the U.S. employer must prepare and maintain the supporting documentation that forms the basis for the LCA.

The U.S. employer must make this documentation available to the public for inspection on demand, within one working day after the date the LCA is filed with the Department of Labor (DOL). Any member of the public, including co-workers of the foreign national, may request access to the file, and the employer must make the file available to the person requesting within one (1) working day of the request.

Public Inspection File

The Public Inspection File is a record of the labor condition applications (LCAs) that employers have submitted to the U.S. Department of Labor. This file is available for public inspection and provides information about the wages, benefits, and working conditions associated with the LCA. The file also provides information about the employer’s compliance with immigration laws and regulations. The public inspection file must include the following elements:

• The LCA
• Rate of pay for the H-1B worker
• Description or summary of the actual wage system; sample wage memorandum
• Prevailing wage rate and its source
• Documentation that the notice requirement was satisfied. Notification must include the following:
  • A copy of the actual notice posted in two locations at each place of employment listed on the LCA (the notice may be an exact copy of the LCA, Form ETA – 9035 & 9035E, submitted to the DOL)
  • The dates of posting
  • The locations of posting.
• Summary of benefits offered to U.S. workers and H-1B workers
• List of entities included as a “single employer”
• In the event of corporate change:
  • A sworn or notarized statement by a successor entity accepting all liabilities of a predecessor entity
  • List of H-1B workers transferred to the successor entity
  • Each affected LCA number and effective date
  • A description of the successor entity’s actual wage system
  • Successor entity’s employer identification number
  • The employer should keep the PAF separate from the H-1B personnel files.