The Labor Condition Application (LCA), submitted via ETA Form 9035, is the Department of Labor form employers must file to hire H-1B, H-1B1, or E-3 nonimmigrant workers.
The LCA protects U.S. workers by ensuring foreign hires receive required wages and that their employment does not harm working conditions.
1. Overview of the Labor Condition Application LCA
The LCA is a mandatory attestation employers make to the Department of Labor when seeking to employ certain nonimmigrant workers.
It confirms wage, workplace, and notice obligations that shield similarly employed U.S. workers from adverse effects.
2. Who Needs To File the LCA
Any U.S. Employer planning to hire a worker under H-1B, H-1B1, or E-3 must file an LCA.
There are no exemptions from this filing requirement for those visa categories.
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3. When To File the LCA
An Employer may submit the LCA no more than six months before the intended start date of employment.
Filing within that window gives time for processing and any needed revisions before the visa petition is filed with USCIS.
4. How To File the LCA
The primary filing method is electronic through the Department of Labor FLAG system.
Employers must create a FLAG account to prepare, sign, and submit ETA Form 9035 online.
In rare cases where an Employer cannot file electronically due to disability or lack of internet access, a written request to the Administrator of the Office of Foreign Labor Certification may permit filing by mail.
That request must be approved before submission and addressed to the Administrator at DOL headquarters in Washington, DC.
5. Key Steps and Procedures for Completing ETA Form 9035
Determine the Prevailing Wage for the occupation and worksite area before setting the wage offer.
Complete the LCA with accurate Employer, job, and wage details including job title, duties, worksite, wage rate, and period of employment.
Make required attestations about wages, working conditions, strikes or lockouts, and notice to employees.
Submit the LCA electronically through FLAG and monitor for a certified response from DOL.
Maintain the required Public Access File at the principal place of business or the worksite for public inspection.
6. Determining the Prevailing Wage
Employers must pay at least the prevailing wage for the occupational classification at the place of employment.
Prevailing wages can be obtained from the National Prevailing Wage Center or other legitimate sources accepted by the DOL.
Choosing the correct wage source and job classification is critical to avoid underpayment or certification delays.
7. Required Attestations on the LCA
Employers must attest they will pay the required wage and that employment will not adversely affect similarly employed U.S. workers.
Other attestations include that there is no strike, lockout, or work stoppage at the place of employment and that proper notice of the LCA filing has been given to employees.
8. Public Access File and Recordkeeping
After certification, the Employer must keep a Public Access File containing the certified LCA and supporting documentation.
The file must be available for public inspection at the Employer's principal place of business or the place of employment and must include documentation of the wage determination, recruitment, and notices.
9. Processing Timeline and Certification
The DOL reviews LCAs for completeness and obvious errors, typically within seven working days of submission.
Once the LCA is certified, the Employer may include the certified ETA Form 9035 in the visa petition to USCIS.
10. Compliance Audits and Consequences of Noncompliance
Employers should be prepared for DOL audits and requests for documentation to verify LCA attestations were followed.
Failure to comply with LCA requirements can result in revocation of certifications, civil money penalties, back pay obligations, and other enforcement actions.
| Item | Typical Detail |
|---|---|
| Where To File | FLAG system at the Department of Labor |
| When To File | No more than six months before employment start date |
| Processing Time | Usually reviewed within seven working days |
| Required Records | Public Access File at Employer location |
Tips for Employers Filing LCAs
Begin the Prevailing Wage process early so wage determinations are ready before LCA filing.
Double check job codes, worksite addresses, and wage rates for accuracy to avoid obvious errors that delay certification.
Provide timely notice to current employees and assemble the Public Access File immediately after certification.
Keep clear records of recruitment and wage calculations in case of audit.
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Additional Resources and Official Links
- U.S. Department of Labor Foreign Labor Application Gateway (FLAG) System
- ETA Form 9035 and Instructions
- DOL Office of Foreign Labor Certification
- Electronic Code of Federal Regulations 20 CFR 655.730
- U.S. Citizenship and Immigration Services (USCIS)
LCA ETA Form 9035: Conclusion
The LCA is a foundational compliance step for Employers hiring H-1B, H-1B1, or E-3 workers and protects U.S. labor standards.
Accurate Prevailing Wage determinations, precise LCA completion in FLAG, proper notice, and diligent recordkeeping reduce certification delays and audit risk.
Use the official resources above and consult immigration counsel or experienced HR professionals for complex situations or audit responses.
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