A Labor Condition Application (LCA) is a form filed with the Federal Regional Department of Labor (DOL) on which an employer attests that the following H-1B requirements have been satisfied. An LCA certified by the Federal DOL must be included in an H-1B petition filed with the INS. An LCA is valid for three years.

I. Wage Requirements

     A. Wage Statement - employer must pay higher of:

          1.    Prevailing wage determined by state/independent authoritative source; or

          2.    Actual wage paid to workers similarly employed at place of employment

An authoritative wage source is a survey published in a book, newspaper, periodical, loose-leaf service, newsletter or other, that was published, including updates, within the past 24 months, relies on data collected with 24 months of publication, contains average wage information and is the latest survey by this source. 

     B. Documentation of wage statement - employer must keep on file:

          1. Prevailing wage finding

          2. Actual wage finding- information concerning employer's pay rate to employees in same occupational classification, beginning with the date LCA submitted, detailing objective methodology for establishing wage, sufficiently detailed to allow DOL investigator to arrive at same figure the employer did

II. Working Condition Requirements - employer must attest on LCA that:

     A. No adverse effect on working conditions of workers similarly situated in area of intended employment

     B. No strike or lockout

III. Notice Requirements

     A. Notice of LCA filing given to workers at each worksite where H-1B alien will work by:

        --Notice given to collective bargaining (union) representative prior to filing, OR

        --Notice posted on (or up to 30 days before) date LCA filed in 2 conspicuous locations at worksite. Notice must remain posted for 10 business days be of sufficient size and visibility to easily see and read.

     B. Notice of LCA given to H-1B alien by:

        --Proof of receipt of copy of certified LCA on or before first day of work.  Receipt signed by H-1B alien.

     C. Ongoing notice of LCA given at new worksites (outside of area of intended employment specified on LCA)

          1. If H-1B alien moved to new worksite, must first give notice as above at A

          2. If H-1B alien moved to new worksite for more than 90 days (cumulative: counting other H-1B work days at site in total), must first file new LCA

IV. Documentation Requirements - employer must create a "Public Access File" containing:

        1.  Two dated posting/union notices
        2.  Prevailing wage information
        3.  Actual wage information
        4.  Notice of LCA to H-1B alien
        5.  Original certified LCA
        6.  Ongoing notice of LCA filings, if any,
            for new worksites
        7.  Whether or not employer is H-1B dependent