Employers in the U.S. seeking to hire foreigners on an H-1B visa must understand the importance of an LCA. It is a mandatory part of the H-1B petition process, designed to protect the rights and wages of U.S. and foreign workers.
Continue reading to learn about the Labor Condition Application (LCA), its role in H-1B visa petitions, employer responsibilities, and how it differs from Labor Certification (LC).
What does LCA Mean?
The Labor Condition Application (LCA), officially known as Form ETA 9035/9035E, is a document submitted by a U.S. employer to the Employment and Training Administration (ETA), a division of the U.S. Department of Labor (DOL). It is a requirement for hiring nonimmigrant workers on an H-1B visa in a specialty occupation for up to three years.
Before an H-1B petition can be filed with the U.S. Citizenship and Immigration Services (USCIS), the employer must receive LCA certification from the DOL.
Employer Attestations in a Labour Condition Application
In the Labor Condition Application, according to USCIS, the employer makes four attestations to ensure fair treatment of the foreign worker and protect the U.S. labor market:
- 1. Wage Requirements:
- The employer must pay the H-1B employee the same wage as similarly qualified U.S. workers in the same position or the prevailing wage for that role in the local area, whichever is higher.
- 2. Working Conditions:
- The employer must provide working conditions that do not adversely affect the conditions of U.S. workers similarly employed.
- 3. No Strike or Lockout:
- When filing the LCA, there must be no strike or lockout in the same occupation at the place of employment.
- 4. Notice Requirement:
- The employer must notify employees about the filing by either:
- Posting notice of the LCA at the job site for 10 business days or
- Notifying the appropriate union bargaining representative if applicable.
Violating these attestations can lead to serious penalties, including fines and restrictions on future immigration filings.
How to Obtain a Certified LCA?
Here are the steps to get a Labor Condition Application approved:
- File ETA Form 9035/9035E through the Foreign Labor Application Gateway (FLAG) system.
- Submit the form no more than six months before the intended start date.
- The DOL typically reviews LCAs within seven business days.
- Once certified, the LCA is valid for up to three years for H-1B petitions.
LCA vs. LC: What is the Difference?
Many employers confuse the LCA with the LC (Labor Certification), but they serve different purposes.
The Labor Condition Application (LCA) – Form ETA 9035/9035E is used in the H-1B visa process, which allows employers to hire foreign professionals for temporary employment in specialty occupations. The LCA process is relatively quick, typically taking seven business days to be reviewed and certified by the Department of Labor (DOL).
On the other hand, the Labor Certification (LC) – Form ETA 9089, also known as PERM, is part of the green card (permanent residency) process. This application proves to the DOL that no qualified U.S. workers are available for the position the employer seeks to fill. It involves a rigorous recruitment process, including job postings and advertising, to test the U.S. labor market. The entire process can take months to prepare and up to two years to be adjudicated.
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The Labor Condition Application (LCA) is a vital first step for employers sponsoring H-1B workers. If you are an employer navigating the H-1B process, treat the Labor Condition Application as a legal commitment with real consequences if violated.
Visit Immigration Question today to connect with a verified immigration attorney that can assist with the process.
Frequently Asked Questions About LCA in U.S. Immigration
1. What does LCA mean in H-1B?
In the H-1B visa context, an LCA is a mandatory prerequisite. Before an employer can submit an H-1B petition to USCIS, they must file a Labor Condition Application from the DOL. The LCA helps safeguard the U.S. labor market by ensuring foreign workers are not hired at wages lower than U.S. workers in similar roles.
2. What does filing an LCA mean?
Filing an LCA means an employer submits Form ETA 9035 or 9035E to the Department of Labor to request permission to employ a foreign worker on an H-1B visa. By filing, the employer attests to key labor requirements related to wages, working conditions, and workplace transparency.
3. What does LCA certified mean?
When an LCA is certified, the Department of Labor reviews and approves the employer’s application. Certification confirms that the form was complete and free from errors. A certified LCA is required to proceed with an H-1B visa petition to USCIS.
4. What does LCA posting mean?
LCA posting refers to the obligation of the employer to notify current employees about the filing of an LCA. This is usually done by posting a physical notice at the job site for at least 10 consecutive business days. This requirement promotes transparency and protects U.S. workers.
5. What does LCA carrier mean?
The term LCA carrier may refer to the employer or agent that submits and “carries” the responsibility for the Labor Condition Application on behalf of the H-1B worker. The use of this term may vary.
