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.
How It Works
The LCA is the first step in the H-1B process. The employer files it with the Department of Labor, attesting to four conditions: (1) H-1B workers will be paid at least the prevailing wage or the actual wage paid to similar employees, whichever is higher; (2) working conditions won't adversely affect other workers; (3) there is no strike or lockout at the worksite; and (4) the employer has notified existing workers about the H-1B filing. LCA data is publicly available, it's the primary data source for H1BVisaTracker. DOL must certify or deny an LCA within 7 business days, and certification is largely automatic unless the form has errors.
Related Terms
- H-1B Visa, A nonimmigrant work visa allowing U.S. employers to hire foreign workers in "specialty occupations" that require at least a bachelor's degree, the primary visa for skilled tech, engineering, and professional 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.
- H-1B Dependent Employer, An employer whose H-1B workers make up 15% or more of its total workforce, subject to additional requirements including offering positions to equally qualified U.S. workers first.
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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.