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Labor Condition Application (LCA)
Practical Law Glossary Item 7-506-9566 (Approx. 3 pages)
Glossary
Labor Condition Application (LCA)
An application that must be filed with and certified by the Department of Labor (DOL) before an employer may sponsor a foreign national to work in H-1B, H-1B1, or E-3 nonimmigrant visa status. For information on these and other nonimmigrant visa categories used by employers, see Key Nonimmigrant Visa Classifications Chart.
A certified LCA supports employment of H-1B, H-1B1, or E-3 workers in a specific:
- Occupation.
- Geographical area.
The LCA may be filed up to six months before the employment begins and may be certified for up to three years.
Employers must attest in the LCA that:
- The foreign worker is paid the higher of either:
- the prevailing wage for the job in the work location; or
- the actual wage paid by the employer to all employees in the occupation at the worksite.
- The foreign worker's employment does not adversely affect the working conditions of similarly situated workers.
- There is no strike or labor dispute in the occupation at the worksite.
- Notice of the LCA filing was given to either:
- the bargaining representative, if the position is covered by union representation; or
- all employees by a posting at the worksite, if not covered by union representation.
Additional attestations are required for special classes of employers. Employers that are "H-1B dependent" or willful violators of the LCA regulations based on a prior enforcement action must also attest to the recruitment and nondisplacement of US workers when the LCA supports non-exempt employees (20 C.F.R. § 655.736(a) and (f)). Exempt employees either:
- Receive wages of at least $60,000 per year.
- Have a master's or higher degree in a field related to the occupation.
Employers must maintain a public access file for each LCA that contains documentation supporting the LCA obligations and the employer's attestations (20 C.F.R. § 655.760).
LCA regulations are enforced by the DOL's Wage and Hour Division (20 C.F.R. §§ 655.800 to 655.855). Employers that violate the LCA regulations may be:
- Assessed back wages or fringe benefits for the foreign worker employed under the LCA.
- Assessed civil monetary penalties.
- Barred from filing any immigration petitions for at least one year.