Reference · How the program works
The LCA, Explained: H-1B Labor Condition Application
Last scanned: · Last verified: · XH1B
Review scope and corrections
This review checks the guide's rule statements against the listed official sources and its data descriptions against the queries. It does not verify an individual case. Archive refresh dates describe ingestion, not a rule review.
Clarified the usual seven-working-day review, four core attestations, retained-file coverage, rounded wages, and certification versus wages paid. Corrected submission calendar years and sample exclusions.
USCIS interactive tools and some disclosure downloads did not return a usable response during this review. Use the official tools for current case status and processing estimates.
Archive last successful ingest: Sep 2, 2026
- Form
- ETA-9035 / 9035E
- Attestations
- 4
- Wage levels
- 4
- DOL form review
- Usually 7 work days
What it attests
What does an LCA attest to?
The LCA has four core attestations: wages, working conditions, strikes or lockouts, and notice. Recordkeeping is a separate duty. Additional obligations can apply to H-1B-dependent employers and willful violators.[3]
1.Pay at least the required wage
The employer promises to pay no less than the greater of the actual wage it pays similar workers at the worksite or the DOL prevailing wage for the occupation and area.[4]
2.Working conditions that do not harm U.S. peers
The employer promises working conditions that will not adversely affect similarly employed U.S. workers, benefits included.[5]
3.No strike or lockout
The employer attests no worker is on strike or locked out in that occupation at that worksite: the filing cannot be used to replace labor mid-dispute.[6]
4.Notice to U.S. workers
The employer gives the required notice to the bargaining representative or affected workers. Physical postings generally run for ten days at two conspicuous locations. Electronic notice has separate delivery rules, including a direct-email option. Notice is due within the filing window and at each required worksite.[7]
5.Keep the public file
The employer must make the LCA and specified supporting documents available for public inspection within one working day of filing. These include the required wage, notice, and benefits records. Other records must be available to DOL. Public access does not include every payroll record.[8]
What certification is and is not
A real filing
What does an actual filing look like?
Newest certified Level II filing in our copy of the data
Filed by Tekva LLC, Software Developer at a promised $132K per year.
This example uses indexed disclosure fields. The annual offered wage is rounded for display. Open the filing to read its fields and source context. A certified filing is not proof of a hire or of wages paid.
And if you arrived holding a receipt notice rather than a case file, how to check your USCIS case status is the other half of this process.
Wage levels
What are LCA wage levels?
| Level | Named for | Certified filings, last 15 months | Share |
|---|---|---|---|
| Level I | entry: junior qualifications, limited responsibility | 33,464 | 15.1% |
| Level II | qualified: moderately complex work with limited judgment | 90,386 | 40.8% |
| Level III | experienced: added skill or supervision duties | 51,504 | 23.2% |
| Level IV | fully competent: independent judgment on complex work | 45,242 | 20.4% |
| N/A | Recorded value; no level definition assigned | 975 | 0.4% |
Shares use certified H-1B records submitted in the 15 months before this query, with a recorded wage level. This is the stored-file sample, not a census of current workers. The level is the employer’s recorded classification.
OFLC’s guidance assigns four prevailing-wage levels using the job requirements and the occupation and area. The employer must support the level it uses. A Level I wage is not automatically unlawful, and a senior-sounding title does not alone establish the proper level. We compare offers with BLS market medians as a separate benchmark.[9][10]
Read a record
How do you read an LCA record on this site?
Case pages retain the source case number and recorded fields. Display formatting can change how a wage or date appears. The fields below use the example filing above:
- Case number
- the source application’s DOL case number. It identifies the application, not an individual worker. In the filing above: I-200-26084-729380
- Employer
- the employer and any representative named in the filing. These fields do not establish a hire or who performed each preparation task. In the filing above: Tekva LLC
- Occupation
- The disclosed job title and occupation code. The example below displays the job title. In the filing above: Software Developer
- Offered wage
- the offered amount and its recorded pay unit, such as annual, hourly, or biweekly. It is not verified payroll. In the filing above: $132K per year
- Status
- the LCA decision or withdrawal status. Certification is separate from cap selection, petition approval, and permission to work. In the filing above: Certified
Start anywhere: search an employer from the top bar, or browse the biggest sponsors. For the green-card-side filings, the PERM dataset works the same way.
Yearly filings
How many LCAs are filed each year?
The table groups stored H-1B LCA records and requested positions by submission calendar year. It excludes quality-flagged records and missing submission dates. One application can request several positions. These figures do not count unique workers, visas, hires, or wages paid. Missing disclosure periods limit coverage.
Latest six submission calendar yearsfilings and workers requested
| Submission calendar year | Filings | Workers requested |
|---|---|---|
| 2026 | 109,417 | 293,097 |
| 2025 | 538,336 | 918,851 |
| 2024 | 534,690 | 810,453 |
| 2023 | 507,835 | 896,527 |
| 2022 | 564,595 | 1,000,418 |
| 2021 | 543,793 | 1,043,304 |
Rejections
Do LCAs ever get rejected?
DOL can deny an incomplete or obviously inaccurate LCA. Certification is a form-review outcome. Later Wage and Hour Division findings are separate enforcement records. An LCA records promises; it does not by itself prove compliance or a violation.[11]
FAQ
LCA FAQ
LCA FAQ
What is an LCA in simple terms?
A Labor Condition Application (Form ETA-9035 or ETA-9035E) states an employer’s wage and working-condition promises to DOL. A specialty-occupation H-1B petition needs a certified LCA that covers the requested employment. One LCA can cover several positions in the same occupation. An H-1B LCA can cover up to three years; it is not an annual filing requirement.[12]
Who files the LCA: the employer or the worker?
The employer or its authorized agent or representative submits and signs the LCA. One application can request several positions. Public LCA disclosures do not identify individual beneficiaries or show the wages ultimately paid.
Does a certified LCA prove the wage was paid?
DOL checks an LCA for completeness and obvious inaccuracies. Its regulation describes a determination usually within seven working days. Certification does not verify subsequent payroll or prove that every wage statement is correct. WHD investigations are a separate process.
Where can I look up an LCA case number?
Use a DOL case number or search employers to find retained LCA records. Each case link identifies the application. Coverage depends on the files loaded into this archive; the data-sources page lists limits. Public disclosure fields do not show an individual worker’s USCIS petition status.
How is the LCA different from PERM?
An LCA supports proposed temporary H-1B employment. PERM is the labor-certification process used for many employer-sponsored green-card cases. It requires recruitment and evidence about able, willing, qualified, and available U.S. workers. Some immigrant categories, including qualifying extraordinary-ability and national-interest-waiver cases, do not require PERM.[13][14][15]
How many LCAs are filed each year?
The table shows stored H-1B LCA records by submission calendar year, excluding quality-flagged records and missing submission dates. Compare these counts with archive coverage. A filing can request several positions and does not establish a hire or visa approval.
Does an offer below a BLS median prove a wage violation?
The employer selects a prevailing-wage source and must support the job’s level under the applicable guidance. A BLS median provides an independent comparison. An offer below that median does not by itself establish an incorrect level or a wage violation.
How long does LCA certification take?
DOL reviews the form for completeness and obvious inaccuracies. The regulation says certification usually takes seven working days. That covers the LCA only. USCIS petition processing is a separate wait; the processing-time guide explains each stage.
Public source records and site analysis. We do not attest to accuracy. Read the full disclaimer.
References
- [1] Law or rulemaking · eCFR. H-1B petitions and specialty occupations. 8 CFR 214.2(h)(2)(i)(A), (D)–(E); (h)(4)(i)(B), including (B)(3) third-party requirements; (h)(9)(i); (h)(10)(ii), (iv); (h)(18): petition, LCA, approval and denial noticesPetition approval, visa issuance, admission, and work authorization are separate steps.Checked 2026-10-17.
- [2] Dataset documentation · DOL OFLC. LCA public disclosure record layout (FY2026 Q3). Pages 1–4: application, DOL outcome and dates, requested positions, employer, representatives, worksites and pay unitsThis layout covers determinations issued October 1, 2025 through June 30, 2026. It documents employer-provided application fields and DOL decisions, not USCIS decisions, payroll verification, legal bills or worker-linked moves. Older layouts can differ.Checked 2026-10-17.
- [3] Law or rulemaking · eCFR. 20 CFR 655.730. 20 CFR 655.730(c): application fields; 655.730(d)(1)–(4): wage, working-condition, strike/lockout and notice attestations; 20 CFR 655.730(b)DOL reviews completeness and obvious inaccuracies. The regulation describes a usual seven-working-day decision. Certification does not establish compliance in practice.Checked 2026-10-17.
- [4] Law or rulemaking · eCFR. Required wage and wage sources. 20 CFR 655.731(a)The required wage is the higher of the actual wage and prevailing wage. An independent market median is a comparison, not this legal test.Checked 2026-10-08.
- [5] Law or rulemaking · eCFR. Working-condition attestation. 20 CFR 655.732(a)Checked 2026-10-08.
- [6] Law or rulemaking · eCFR. Strike and lockout attestation. 20 CFR 655.733(a)Checked 2026-10-08.
- [7] Law or rulemaking · eCFR. Notice to workers. 20 CFR 655.734(a)The timing and physical, electronic, and bargaining-representative notice rules differ.Checked 2026-10-08.
- [8] Law or rulemaking · eCFR. Public access and recordkeeping. 20 CFR 655.760(a)Checked 2026-10-08.
- [9] Guidance · DOL OFLC. Prevailing Wage Determination Policy Guidance. Revised November 2009; Level I through Level IV definitions; Appendix C, wage-level worksheetChecked 2026-10-08.
- [10] Dataset documentation · BLS. OEWS technical notes (May 2025). Scope of the survey; occupational coding; concepts and estimation methodologyDocuments occupation and geographic wage estimates, not an individual worker’s pay. Use the estimate year and geography stated by the site; older releases can differ.Checked 2026-10-17.
- [11] Law or rulemaking · eCFR. Back wages, penalties, and disqualification. 20 CFR 655.810(a)–(b), (d): back wages, civil money penalties and minimum petition-approval disqualification periodsParagraph (d) gives minimum disqualification periods of one, two, or three years by violation tier. Paragraphs (a)–(b) cover back wages and penalties.Checked 2026-10-18.
- [12] Law or rulemaking · eCFR. LCA validity period. 20 CFR 655.750(a): certified period of employment; H-1B LCA up to three yearsChecked 2026-10-18.
- [13] Law or rulemaking · eCFR. PERM recruitment and labor certification. 20 CFR 656.17(e)Read paragraph (g) for the recruitment report and lawful job-related rejection reasons.Checked 2026-10-08.
- [14] Law or rulemaking · eCFR. Employment-based immigrant petitions and self-petition exceptions. 8 CFR 204.5(a), (c), (h), (k)–(l) and (n): petitioners, classification, labor-certification exceptions and petition decisionsThe usual employer-sponsored route differs from qualifying extraordinary-ability and national-interest-waiver cases.Checked 2026-10-18.
- [15] Guidance · USCIS. National interest waiver: self-petition eligibility. PA-2025-03, January 15, 2025; page 4, footnote 1; advanced-degree professional seeking a national interest waiver may self-petitionDated Policy Manual update. Eligibility for EB-2 and the national interest waiver must each be established.Checked 2026-10-18.
The LCA is the wage promise. Next: the two agencies that process everything around it.