The LCA is a vital part of the H-1B process, which is required BEFORE filing an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS). The LCA must be approved before we can file the H-1B visa petition. The LCA is the process where the employer demonstrates that it is paying at least the industry’s prevailing wage (or standard wage) for the occupation in the area of intended employment. In addition, it is important to note that this process has become increasingly critical in light of recent Department of Labor LCA audits being conducted in the industry. As such, the importance of complying with this posting requirement cannot be overemphasized.

DOL/USCIS Compliance Request:

In compliance with U.S. Immigration Law, you are required to post the attached LCA to notify all employees in the same occupational classification and area of intended employment of the H-1B worker(s), even those at third-party sites. I would also recommend posting the LCA and notice in two separate and conspicuous locations at the employee’s work site AND the company’s portal/website for 10 business days. Conspicuous locations include areas where the postings are most likely to be viewed.
Labor Condition Application for H-1B, H-1B1 and E-3 Nonimmigrant Workers

U.S.Department of Labor

IMPORTANT: Please read these instructions carefully before completing the Form ETA-9035 or 9035E – Labor Condition Application (LCA) for Nonimmigrant Workers. These instructions contain full explanations of the questions and attestations that make up the LCA, Form ETA-9035 and 9035E, with further information about the employer’s obligations provided in 20 CFR 655 Subpart H. If the employer plans to file non-electronically, which is allowed only for certain reasons set out below, ALL required fields and items containing an asterisk (*) must be completed as well as any fields and items where a response is conditioned on the response to another required section/field or item as indicated by the section (§) symbol. In accordance with 20 CFR 655.740, once an LCA has been received from an employer, a determination will be made by the ETA Certifying Officer whether to certify the LCA or return it to the employer not certified. Where all items on the Form ETA- 9035 or 9035E are complete and do not contain obvious inaccuracies, the ETA Certifying Officer will certify the LCA within 7 working days of the date the LCA is received and date-stamped by the Department. If the LCA is not certified pursuant to 20 CFR 655.740(a)(2)(i) or (ii), the ETA Certifying Officer will return it to the employer, or the employer’s authorized agent or representative, explaining the reason(s) for such return without certification. Except in the case of a disqualification issued by the Wage Hour Administrator, the employer may submit a corrected LCA to the Department for review, which shall be treated as a new LCA and processed on a “first come, first served” basis. Anyone who knowingly and willingly furnishes false information in the preparation of the Form ETA- 9035 or 9035E and any supplement thereto, or aids, abets, or counsels another to do so is committing a Federal offense under 18 U.S.C. 1001 or other provisions of law.