Department of Labor (DOL)
The federal agency that certifies LCAs and determines prevailing wages for H-1B positions, ensuring foreign workers are paid fairly and U.S. workers aren't disadvantaged.
How It Works
DOL plays two critical roles in the H-1B process: certifying Labor Condition Applications (LCAs) and determining prevailing wages through the Foreign Labor Certification programs. DOL also publishes quarterly disclosure data on all LCA filings, this data is the primary source for H1BVisaTracker. DOL can investigate employers for LCA violations (paying below prevailing wage, failing to maintain required records, displacing U.S. workers) and impose penalties including fines and debarment from the H-1B program. DOL also oversees the PERM labor certification process for employment-based green cards.
Related Terms
- Labor Condition Application (LCA), A DOL-certified form that employers must file before hiring an H-1B worker, attesting they will pay at least the prevailing wage and not adversely affect working conditions for U.S. workers.
- Prevailing Wage, The average wage paid to workers in a similar occupation in the same geographic area, employers must pay H-1B workers at least this amount to prevent undercutting U.S. wages.
- USCIS (U.S. Citizenship and Immigration Services), The federal agency that adjudicates H-1B petitions, green card applications, and other immigration benefits, the gatekeeper for employment-based immigration.
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About This Definition
This definition is part of the H1BVisaTracker H-1B Visa Glossary, 26 terms explaining H-1B sponsorship, work visas, and employment-based immigration in the United States. Written for international workers, employers, and immigration professionals.