Written by Jonathan Aftalion, Esq. — Founding Attorney, Aftalion Law Group
(UCLA BA, Wisconsin JD, Witwatersrand LLM, dual CA + NY licensure, Super Lawyers Rising Stars)
In this blog, we'll explore:
Key Point:
- A labor condition application is a filing your employer submits to the U.S. Department of Labor before it can petition USCIS for your H-1B, and it certifies that you will be paid at least the prevailing wage for your role and location.
- The LCA is your employer’s responsibility, not yours, but the wage and job details on it directly affect your visa, your pay, and your ability to change jobs later.
- If your employer files the LCA with an incorrect wage level, wrong worksite, or inaccurate job title, it can delay or jeopardize your entire H-1B case, which is why understanding what the LCA says matters even though you do not file it yourself.
If your employer is sponsoring you for an H-1B visa, there is a government filing happening on your behalf that you may never see but that directly shapes your pay, your working conditions, and the strength of your case. That filing is the labor condition application. The LCA is a form your employer submits to the U.S. Department of Labor, promising to pay you a fair wage and protect working conditions, and it must be certified before your employer can file the H-1B petition with U.S. Citizenship and Immigration Services (USCIS). At Aftalion Law Group, we help H-1B workers understand every step of their case, including the parts their employer handles. This guide explains what a labor condition application is, what your employer commits to when filing it, and what it means for you as the worker. For the full picture of the employment-based green card and visa process, see our employment-based immigration page.
What Is a Labor Condition Application?
A labor condition application is Form ETA-9035, filed with the Department of Labor’s Office of Foreign Labor Certification. By filing it, your employer attests to compliance with the wage and working-condition requirements of the H-1B, H-1B1, or E-3 program. The LCA protects you as the sponsored worker and protects the U.S. labor market by requiring your employer to pay a fair wage and ensuring that hiring you does not undercut conditions for other workers in the same occupation.
In practical terms, the labor condition application is a promise your employer makes to the federal government about how it will treat you. That promise covers your pay, your job location, and your working conditions.
Which Visas Require an LCA?
a year plus 20,000 for holders of a U.S. advanced degree. The H-1B1 covers professionals from Chile and Singapore, and the E-3 covers Australian nationals. A specialty occupation is one that requires specialized knowledge and at least a bachelor’s degree or its equivalent in the field. We cover the two treaty alternatives in our guide to H-1B1 and E-3 visas.
What Your Employer Promises on the LCA
higher of the actual wage, meaning what it pays other workers with similar experience doing the same job, or the prevailing wage, meaning what workers in that occupation typically earn in the area where you will work. Your employer also may not pay you below any wage required by other federal, state, or local law.
This means you have a legal right to a specific minimum salary based on your job title, your worksite location, and the prevailing wage data for your occupation. If you are being paid less than what the LCA requires, that is a violation your employer can be held accountable for. Because the prevailing wage figure anchors your entire case, we explain how it is determined in our guide to the H-1B prevailing wage.
Beyond wages, the LCA also requires your employer to provide you with working conditions that do not adversely affect other workers in the same occupation. Your employer must also post notice of the LCA filing at the worksite or provide electronic notice to employees, and must maintain a public access file with LCA-related records that you or anyone else can request to review.
Why the LCA Matters to You as the Worker
Even though you do not file the labor condition application yourself, the information on it shapes your case in several important ways.
Your salary floor. The wage certified on the LCA is the minimum your employer is legally required to pay you. If your actual pay drops below this amount, or if your employer classified your role at a lower prevailing wage level than the job duties warrant, that is a violation under Department of Labor regulations.
Your worksite. The LCA lists the specific geographic location where you will work. If your employer moves you to a different metropolitan area without filing a new or amended LCA, the original filing may no longer be valid. This matters especially for H-1B workers who are assigned to client sites or who work remotely in a different location than the employer’s office.
Your ability to change jobs. When you transfer to a new employer, that new employer must file a new labor condition application as part of the H-1B transfer petition. Understanding what the original LCA said about your role and wage level helps you evaluate whether a new offer is consistent with maintaining your visa status. For more on the transfer process, see the H-1B transfer section in our H-1B to green card guide.
Your green card case. If you are on the path from H-1B to a green card, the job title and wage level on your LCA should be consistent with the PERM labor certification your employer files later. Inconsistencies between the LCA and the PERM can create problems at the I-140 stage.
How the LCA Process Works
Your employer handles the filing, but knowing the sequence helps you understand where your case stands and when to ask questions.
Step 1: Determine the required wage. Your employer identifies the higher of the actual wage or the prevailing wage for the occupation and area of employment. The Department of Labor’s Online Wage Library publishes prevailing wage data by occupation and location.
Step 2: File the LCA electronically. Your employer submits Form ETA-9035 or 9035E through the Department of Labor’s FLAG system, no more than six months before the employment start date.
Step 3: Receive certification. The Department of Labor reviews a complete LCA within about seven working days. Once certified, your employer can proceed to file the H-1B petition with USCIS.
Step 4: H-1B petition filed with USCIS. The certified LCA is attached to the I-129 petition your employer files on your behalf. Only after USCIS approves the petition can you begin working in H-1B status or apply for the visa at a consulate.
What to Do If Something Seems Wrong
If you believe your employer is paying you less than the wage listed on your LCA, has moved you to a different worksite without filing an amended LCA, or has misrepresented your job duties on the filing, you have options.
The Department of Labor’s Wage and Hour Division investigates LCA violations and can require your employer to pay back wages and penalties and, in serious cases, bar the employer from filing future H-1B petitions. You also have the right to file a complaint with the Department of Labor without your employer’s permission, and retaliation protections under federal law apply to workers who report violations.
If your employment situation has become unstable or you are concerned about the accuracy of your LCA, speaking with an immigration attorney who represents workers, not just employers, can help you understand what protections apply. Aftalion Law Group represents H-1B workers individually and can review your case independently of your employer.
Understand Your LCA Before Your Next H-1B Step
The labor condition application may be your employer’s filing, but it is your case and your career on the line. Whether you are going through your first H-1B sponsorship, transferring to a new employer, or preparing for the green card process, understanding what the LCA says and whether it is accurate protects you at every stage. Aftalion Law Group helps H-1B workers across Los Angeles and the United States understand their rights and take control of their immigration case.
Schedule your free case evaluation with Aftalion Law Group and speak with an employment-based immigration attorney who represents you, not just your employer. Call (424) 270-6767.
Frequently Asked Questions
Yes. Your employer is required to maintain a public access file that includes the LCA and supporting documentation. You have the right to request it. Additionally, you can search for LCA filings through the Department of Labor’s disclosure data, which is publicly available online. If your employer refuses to share the LCA with you, that is a concern worth discussing with an immigration attorney.
If your actual pay is below the wage your employer certified on the LCA, that is a violation of federal law. The Department of Labor can investigate, require your employer to pay back wages and penalties, and in severe cases, debar the employer from future H-1B filings. You can file a complaint with the DOL Wage and Hour Division, and federal retaliation protections apply to workers who report violations.
The LCA lists a specific worksite or metropolitan statistical area. If your employer moves you to a new location outside that area, a new or amended LCA is generally required. This is especially relevant for H-1B workers placed at client sites in different cities. If you have been reassigned without a new LCA being filed, consult an attorney.
No. Your new employer must file a fresh labor condition application as part of the H-1B transfer petition. The new LCA will reflect the new employer’s wage offer, the new worksite, and the new job details. Understanding the wage and job title on your current LCA helps you evaluate whether a new offer maintains or improves your position.
The job title and wage level on your LCA should be consistent with what your employer later files on the PERM labor certification for your green card. Significant mismatches between the LCA and the PERM, such as a different job title or a lower wage level, can raise questions at the I-140 petition stage and create complications that delay the green card process.
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Reviewed by Jonathan Aftalion, Esq. Review date: September 2026.
Author Bio: Jonathan Aftalion is the founder of Aftalion Law Group, an immigration law firm based in Los Angeles, California. He represents individuals, families, and employers in employment-based immigration, green card, removal defense, and asylum matters across the United States.
This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship with Aftalion Law Group. Every immigration case is different, and if you need guidance about your specific situation, please schedule a consultation with a qualified immigration attorney.