Learn what a Labor Condition Application (LCA) is and how to file one for an H-1B or other work visa. This comprehensive guide covers LCA requirements, prevailing wage, posting notices, processing times, amendments, common mistakes, and tips to automate LCA compliance for HR teams.
11 minute read
July 2, 2025
By Rahul Gudise
A Labor Condition Application (LCA) is a filing that U.S. employers must submit to the Department of Labor (DOL) before sponsoring workers on certain visas (notably H-1B, H-1B1, and E-3 visas). In simple terms, an LCA is the employer’s attestation to the government that hiring a foreign worker will not adversely affect U.S. workers. By filing an LCA, the company agrees to pay at least the prevailing wage for the position, provide fair working conditions, notify employees of the hiring, and maintain compliance records. The LCA must be certified by the DOL and is a prerequisite to filing the worker’s visa petition with USCIS. In practice, for an H-1B visa (the most common scenario), the employer submits Form ETA-9035/9035E electronically to the DOL for approval. Once the LCA is certified (approved), the employer includes it in the H-1B petition (Form I-129) to USCIS. Without a certified LCA, USCIS will not approve an H-1B, because the petition must show the DOL has signed off on the labor conditions for that job. In summary, the LCA is a critical compliance step in hiring high-skilled foreign talent: it protects U.S. wage levels and ensures transparency when you bring on an H-1B (or similar visa) employee.
Why is the LCA required? Congress implemented the LCA requirement as part of the Immigration Act of 1990 to safeguard U.S. workers. The idea is to prevent companies from hiring foreign workers at cut-rate salaries or exploitative conditions that could undercut the local labor market. By requiring employers to attest to paying the prevailing wage and following labor standards, the LCA creates a level playing field. For H-1B visas in particular, U.S. Citizenship and Immigration Services (USCIS) explicitly requires that a certified LCA accompany any H-1B petition - it’s a legal must-have, not just a formality. Even though the LCA is filed with the Labor Department (not USCIS), it is tightly integrated into the H-1B process: the employer files the LCA first, waits ~7 days for DOL certification, then files the H-1B petition using that certified LCA as evidence of wage compliance. Remember, an LCA is not a visa petition itself; it doesn’t grant anyone status. Rather, it’s a necessary step to demonstrate that the job offer meets labor standards. Only after getting the LCA can the employer move on to the actual visa petition (for H-1B, that’s the Form I-129 filing with USCIS). If you’re considering other visa categories: note that LCA requirements also apply to H-1B1 visas (for citizens of Chile/Singapore) and E-3 visas (for Australian professionals) - these specialty occupation categories share the same labor condition rules. On the other hand, many work visas don’t require LCAs at all (for example, L-1 intra-company transferees have no LCA requirement, since they’re transferring within a company, and O-1 extraordinary ability visas or TN NAFTA professionals skip the LCA step as well). But for H-1B and similar visas, the LCA is mandatory and foundational.
In this comprehensive LCA compliance guide, we’ll walk through everything employers need to know about Labor Condition Applications: what exactly you’re attesting to when signing an LCA, how to obtain a prevailing wage and file the LCA, typical LCA processing time and how to avoid delays, the posting (notice of filing) requirements and creating a Public Access File, how to handle changes like LCA amendments, and even common mistakes on the ETA-9035 form that can lead to issues. We’ll also address frequently asked questions such as “How do I file a Labor Condition Application with the DOL?”, “What documents are needed for an LCA filing?”, “How long does LCA approval take?” and more. Throughout, we’ll provide best practices from an immigration law perspective and cite official regulations. Additionally, since many HR and global mobility teams handle multiple visa cases, we’ll discuss automating the LCA workflow - for instance, using an HRIS or dedicated immigration software to manage LCA postings and reminders (there are modern tools, like Gale’s platform, that can integrate these compliance steps into your HR process). By the end of this guide, you’ll have a clear roadmap to confidently navigate LCAs and ensure your H-1B hires are on solid legal footing.
Filing an LCA is more than just a formality - it carries specific legal obligations that the employer must meet. When you submit an LCA, you make several attestations (promises) under penalty of perjury. Here are the key requirements an employer agrees to with a Labor Condition Application:
Those are the core labor condition attestations. By signing the LCA, the employer agrees to all of the above for the duration of the LCA period. An LCA can be valid for up to three years (which is the maximum initial H-1B approval, aligning with the typical H-1B job duration). Some visa categories differ (E-3 jobs are capped at two years but often still use a three-year LCA and just renew visa in two-year increments; H-1B1 is one year at a time but can also reuse a multi-year LCA). During the LCA’s validity, the DOL can enforce compliance. For instance, if an H-1B worker complains they’re being underpaid or an audit finds you didn’t post the notice, your company could face penalties (fines, back wage orders, even debarment from the visa programs in severe cases). However, these cases are rare as long as you follow the rules in good faith. Most employers have no trouble staying compliant: pay the required wage, keep documentation, and do the postings and PAF. The H-1B program has been around for decades, and compliance is manageable with the right processes. In fact, a huge chunk of H-1B employers are small tech startups who navigate this successfully every year - it’s not just big companies.
To summarize employer obligations: meet or exceed the prevailing wage, post your notice, give the H-1B equal treatment, and keep your paperwork in order. If you do that, the LCA will be a smooth and routine part of your immigration workflow. Many HR professionals create a checklist to ensure each LCA’s requirements are handled (e.g., “Prevailing wage ok? ✔; Notice posted from X date to Y date? ✔; PAF created and filed? ✔”). Once you have a system, each new H-1B hire will slot into it. Later in this guide, we’ll discuss how modern immigration compliance software can automate some of these tasks (for example, Gale’s platform automatically generates a PAF and even posts electronic LCA notices for remote employees, saving HR a lot of time). But first, let’s walk through how to actually file the LCA step by step, and what the timeline looks like.
How do I file a Labor Condition Application with DOL? Filing an LCA is done through the U.S. Department of Labor’s Foreign Labor Application Gateway (FLAG) portal, which is an online system. Here’s a step-by-step breakdown of the LCA filing process and what you’ll need:
1. Create a FLAG account: If you haven’t filed LCAs before, your company (or your attorney) will need to register on the DOL’s FLAG website. FLAG is the system for all foreign labor certification filings, including H-1B LCAs. It’s a web portal where you can fill out forms and submit electronically. The person filing (often an HR manager or immigration attorney) will log in to FLAG to prepare Form ETA-9035/9035E (Labor Condition Application). There are user guides and even video tutorials on the FLAG site to help navigate the form (DOL provides a How to Submit an ETA-9035 guide and other resources).
2. Gather required information: Before starting the form, collect all the necessary info about the job and your company. What documents or details are needed for an LCA filing? Generally, you don’t attach documents to the LCA submission (it’s not like a USCIS petition where you send supporting evidence), but you need specific data to input. Key things include:
3. Submit the LCA electronically: Once all fields are completed and reviewed for accuracy, you (or your attorney) submit the LCA through FLAG. There is no government fee for LCA filings - unlike the visa petition that comes later which has fees, the LCA itself is free to file. After submission, FLAG will generate a case number (usually in the format “I-XXXXXXXXXX”) and you can track the status online. In most cases, the LCA will go into a processing queue and get reviewed within a week. Occasionally, if something is amiss, you might get a “Request for Information” (RFI) or notice from DOL via email. The most common reasons for an RFI include the aforementioned FEIN verification need (if DOL hasn’t verified your company’s EIN, they’ll put the LCA on hold and ask for documentation - they usually email a template asking for proof of FEIN which you can respond to quickly). Another possible hiccup is if the system finds a data inconsistency or needs clarification, but that’s less common. Generally, the process is straightforward: submit online, wait a few days. You do not need to mail any physical documents when filing electronically. If you absolutely can’t file online (e.g., no internet access), DOL has a process to request permission to file by mail on a paper ETA-9035, but this is exceedingly rare and not applicable to almost any normal employer - the expectation is electronic filing.
4. Receive certification: DOL’s Office of Foreign Labor Certification will review the LCA for “completeness and obvious errors.” They are not evaluating the merits of the H-1B job itself (that’s USCIS’s job later); DOL is just making sure the form is properly filled out and that the wage and attestations make sense. By law, the DOL must act on an LCA within 7 working days. In practice, LCAs are often certified in around 5-7 days. You’ll get an email notification when the LCA is certified (or if there’s a problem). You can also log into FLAG and download the certified LCA once it’s ready - it will have a digital signature by DOL. How long does LCA approval take? In almost all cases, right about 7 business days. Sometimes it’s a bit faster (we’ve seen certifications in 3-4 days), but during peak H-1B cap season (March/April), it might take exactly 7 days due to volume. According to DOL performance data, virtually 100% of LCAs are processed within the 7-day timeframe. So, a good rule of thumb: file the LCA and expect to wait one week for the result. If you don’t hear anything in 7-10 days, check your FLAG account or email spam folder for any RFIs. One scenario that can delay approval is FEIN verification as noted - that can add a few days because you have to send documents and an officer manually verifies the company. To avoid that delay, do the FEIN verification step early. As long as you plan ahead, the LCA step is not a bottleneck. For example, an employer selected in the H-1B lottery in late March can file an LCA in April and have it by mid-April, well in time to then file the H-1B petition before June. (Keep in mind: LCAs can be filed up to 6 months in advance of the job start. So, you have a big window to get it done. Many employers sponsoring an H-1B for an October start will file the LCA in April/May to be safe.)
5. What to do after certification: Once the LCA is certified, print or save the certified PDF. You will need to include a copy of this certified LCA in the H-1B petition package to USCIS. USCIS looks at the LCA to confirm it’s valid for the job (e.g., correct SOC code, covers the requested employment dates, certified by DOL). The certified LCA typically is valid for the period you requested (up to 3 years). If you don’t end up using it (say the H-1B candidate falls through), you should formally withdraw the LCA with DOL (to avoid having an unused LCA out there - you can withdraw via FLAG as well). If you do proceed with the hire, remember to complete the notice posting if you haven’t already, and assemble the Public Access File now that you have the certified documents. Often, right after printing the certified LCA, we’ll finalize the PAF by adding the prevailing wage info, posting memo, etc. It’s good to get that done at the time of filing the petition so it’s not forgotten.
In summary, filing the LCA is a relatively quick online process: you don’t need a mountain of documents to file it, just the job info and compliance prep. Compared to the main H-1B petition, the LCA is short and sweet. Many employers handle LCAs in-house because it’s largely form-filling. However, be careful: inaccuracies on the LCA can cause issues. For instance, listing the wrong work location or SOC code could later trigger an H-1B compliance problem (or an RFE from USCIS if, say, the job title and SOC seem mismatched). So, fill it out accurately. Double-check that the wage on the LCA meets the prevailing wage and that all work locations (including remote/home offices) are included. A common mistake is forgetting that if the H-1B will work from home a few days a week, you might need to list the home address as a worksite on the LCA (if it’s in a different county or metropolitan area than the main office). Another mistake is not realizing every H-1B extension or change generally needs a new LCA - an LCA is tied to a specific employment period and terms. We’ll cover amendments and reusing LCAs later, but always ensure a valid LCA covers the exact period and conditions of the H-1B’s employment.
Most LCAs are approved without issue. As evidence of how routine they are: in fiscal year 2024, the DOL processed over 561,000 LCA filings and certified about 524,000 of them. These LCAs collectively covered nearly 791,000 worker positions (sometimes one LCA has multiple workers as noted). Virtually all were processed within 7 days. So you’re joining a well-trodden path. If you use an immigration attorney, they will usually handle the LCA for you as part of preparing the H-1B case - you’d just need to provide the salary and role details and sign off on it. If you’re an HR professional doing it yourself for the first time, just follow the steps methodically. Pro tip: Always keep a copy of what you submit (the FLAG system lets you print draft and final versions). That way, when it comes time to do the next H-1B or an extension, you can refer back to what was done and maintain consistency (and you’ll have the PAF documentation ready to update).
As mentioned, the Labor Department moves quickly on LCAs. By regulation, they aim to process LCAs within 7 business days. In practice, this timeline is usually met. Let’s break down the timing and a few nuances:
In summary, LCA processing time is predictable and short. Plan for a week, handle your postings concurrently, and you’ll be ready to move on to the USCIS petition step without delay. If your LCA isn’t certified in 7-10 days, check for any DOL email communications or contact the LCA helpdesk - it usually means something like an FEIN issue that can be resolved. For most, the LCA timeline is the easiest part of the entire work visa process (especially compared to USCIS processing, which can take months if not using premium processing).
As an example, Gale’s internal metrics show that nearly all LCA filings for our clients are certified in 5-7 days, matching DOL’s national performance. We also ensure first-time startup clients get their FEIN verified upfront to avoid any hiccups. The reliability of that 7-day window allows companies to project start dates and plan accordingly. It’s one of the rare immigration steps with a guaranteed fast turnaround - a refreshing contrast to the H-1B lottery uncertainty or USCIS wait times.
After you have an LCA in place and the H-1B worker is on board, situations may change. Can you amend an LCA after filing? What if the employee gets a promotion, or you open a new office in another city and move them there? Employers often have questions about what changes trigger a need for a new LCA (and possibly an amended visa petition).
Key point: An LCA, once certified, cannot be altered. If the terms of employment change in a way that is not covered by the existing LCA, you usually need to file a new LCA and, if the H-1B petition is already approved, file an H-1B amendment petition with USCIS. There is no mechanism to go into an approved LCA and “edit” it - the only option is to file another one. Let’s break down common scenarios:
So, to directly answer “Can I amend my LCA after filing?” - No, you cannot amend the LCA document itself. If something changes, you file a new LCA to cover the new terms. Then, if the H-1B petition has already been approved, you file an H-1B amendment petition to USCIS, including that new LCA, to officially change the terms of the H-1B. USCIS requires an amendment whenever there is a material change in the employment (especially work location or job duties) as per the Simeio policy guidance. One exception: if the change is within the same area and role (e.g., moving cubicles in the same office or giving a small raise that’s still above prevailing wage), you don’t need a new LCA or to tell USCIS - that’s not material. If in doubt, it’s safer to consult with counsel or just file the amendment.
Amendment process: Filing an H-1B amendment is like filing a mini new H-1B petition - you complete a new Form I-129, attach the new certified LCA, and submit evidence of the change (like a new job offer letter or explanation). The employee can continue working while it’s processed (if they’re already on your H-1B) as long as you file before the change takes effect. For example, you want to relocate Alice from NY to CA on July 1 - you should file the LCA in, say, June, get it by late June, file the amendment to USCIS before July 1, and then Alice can move and work in CA once filed, without waiting for approval. USCIS will eventually approve the amendment, tying the H-1B to the new location. If the amendment were denied (rare if properly filed), Alice would have to revert to the old terms or stop working.
Short-term placements: As noted, you can sometimes have an H-1B work a short time at an unlisted location without new LCA (up to 30 days, or 60 days if certain conditions) as long as you continue to pay the required wage and cover expenses like travel. This is meant for short business trips or on-site assignments. The rules are detailed (20 CFR 655.735). If you think the placement might exceed those limits or become recurring, definitely do an LCA and amendment.
In summary, any significant change = new LCA. Plan ahead for these changes. For instance, if you know you might promote an H-1B worker next quarter, you can include a note in your calendar to file an LCA for the new role beforehand. Or if your company is going remote-first, meaning H-1B employees might disperse to new states, you may need to file LCAs for each state. We’ve seen companies suddenly go remote and then scramble to cover H-1Bs in multiple locations - but a proactive approach (or a platform like Gale’s HRIS integration) can detect a location change and prompt an LCA filing automatically. In fact, Gale’s software monitors if an H-1B employee’s worksite changes in the HR system (say, their Workday profile updates to a new location) - it can alert our team to initiate an LCA amendment. This kind of automation prevents something from slipping through the cracks; compliance is maintained seamlessly.
One more angle: What if an LCA was filed with a minor error? If you catch an error after certification (like a typo in the address or a slight mistake in the notice posting dates), what can you do? For minor non-material errors, you aren’t going to get a chance to “refile” unless it’s material. If it’s something like the address missing a suite number, usually that’s not going to matter. If it’s something like the prevailing wage source was mis-stated, best to file a corrected new LCA to be safe. DOL’s focus is on ensuring compliance, not punishing typos, but you want the record accurate for any future audit. It’s usually easier to just do it over correctly if you spot an issue, given LCAs are free and fast to file.
To close this section: It’s wise for employers to develop an internal policy that any changes involving an H-1B employee must be reviewed for LCA/visa impact. For example, HR should coordinate with managers so that before moving “Bob on H-1B” to a new project in another state, HR gets a heads-up to handle the LCA. Or before significantly changing job duties/title, loop in immigration counsel. With that communication in place, you’ll avoid scenarios of non-compliance. Remember that about 15% of employers in some studies have faced H-1B compliance issues due to changes like role or location shifts that weren’t properly addressed - but those issues are entirely preventable with prompt LCA amendments. It’s all about being proactive and treating the LCA as a living compliance requirement throughout the H-1B’s employment, not a one-and-done form.
While LCAs are usually straightforward, let’s discuss some potential issues you might encounter, such as what to do if the LCA is denied or if the DOL flags a problem. We’ll also cover common mistakes in completing Form ETA-9035 so you can avoid them.
LCA Denials and RFIs: It doesn’t happen often, but DOL can deny an LCA. The denial notice usually cites the reason (e.g., “FEIN could not be verified” or “wage below prevailing wage” or “incomplete application”). If your LCA is denied, don’t panic - an LCA denial is not catastrophic; you can almost always fix the issue and refile immediately. There is no formal appeal process for LCA denials (unlike USCIS denials which can sometimes be appealed). The solution is to correct the issue and submit a new LCA. Because LCAs are quick to get, refiling doesn’t usually cause a huge delay. For example, if an LCA was denied due to FEIN verification, you can send the FEIN docs to DOL and as soon as they verify (say in a couple days), file a new LCA and get it in a week. If it was denied due to wage issues, adjust the wage or get the proper prevailing wage data and refile. The key is to identify why it was denied. The FLAG system typically provides a reason code or message. Common denial reasons include: the FEIN wasn’t in their database (again, solved by contacting the helpdesk), or the form was filled incorrectly (maybe someone answered a question in a way that made the application incomplete), or rarely, that it “violates program requirements” (like the wage doesn’t meet the prevailing or the dates were out of allowed range). The DOL does not deny based on any subjective criteria - it’s usually an objective error that you can fix.
What about an RFE or RFI from DOL? DOL might sometimes email a Request for Information (RFI) before denying if it’s something simple. For example, FEIN verification is often handled as an RFI: they email “please provide documentation to verify FEIN for case #… by replying to this email.” You reply with the docs, and then they proceed to certify. Another scenario: if you indicated a private wage survey, DOL might ask for a copy or more info on that survey methodology to ensure it’s acceptable. If you get such a request, respond promptly with the needed info. The faster you reply, the sooner the clock starts on the remaining processing time. Always reference the case number in communications and follow instructions precisely.
Can the DOL ask questions after certification? Typically no, once it’s certified, DOL is done unless they later audit your LCA compliance. LCAs can be audited by the DOL’s Wage and Hour Division, but that’s rare and usually triggered by complaints or targeted enforcement on certain employers. In an audit (which is after the fact, maybe years later), they’d ask to see your Public Access Files and payroll records to ensure you did what you attested. That’s more of a company compliance check, not a problem with the LCA filing itself. As long as you were truthful on the LCA and kept your obligations, audits are nothing to fear. They’re relatively uncommon for employers with just a few H-1Bs, but larger H-1B employers do get audited occasionally.
Responding to a DOL LCA RFE/RFI: The question “How to respond to an LCA RFE from DOL?” boils down to: provide the exact info they ask for, as quickly as possible. If it’s FEIN - send the documents (like IRS letter CP 575 or 147C, etc.). If something like a clarification on the job, provide a short explanation or correct the error in a reply if allowed. DOL’s communication will have instructions; follow their email or system prompts. There’s usually an email address or a FLAG interface for responses. One important note: always keep records of any communication. If you email documents, save that sent mail and any confirmations. Occasionally, the helpdesk might email back saying “FEIN verified, please resubmit LCA” - then you go ahead and file a fresh LCA. So the RFI could lead to a straightforward resolution (they hold case until satisfied, then approve) or a request to refile after doing something (like verify FEIN externally then refile).
Common Mistakes on the ETA-9035 (LCA Form): Here are some pitfalls and how to avoid them:
If you avoid these mistakes, your LCA process should be smooth. In our experience, the vast majority of LCA issues come down to one thing: human error in data entry or oversight. Thankfully, these are preventable and fixable. Double-check everything, and don’t rush an LCA filing last-minute if you can help it. It’s often when people are in a hurry (like trying to file an H-1B petition before a deadline) that an LCA detail gets messed up. Plan ahead - since the LCA only takes a week, build that into your timeline with some cushion.
One more resource: the FLAG system has built-in validations that catch many errors. For example, if you try to submit without a wage or with dates beyond allowed, it will alert you. Pay attention to any warning messages on FLAG; they’re there to help you file correctly. If FLAG says something like “This FEIN not recognized, case sent for manual review,” be prepared for that FEIN verification request.
Responding to a DOL Audit or Investigation: Though not exactly part of filing, it’s worth noting: if down the line the DOL’s Wage & Hour Division audits your LCA compliance (could be random or due to a complaint), they will typically send a letter outlining what to provide (PAFs, payroll records, etc.). Always take such inquiries seriously. You should involve legal counsel if you ever face an audit. Being organized from the start (with complete PAFs and proper payroll records showing H-1B wages paid at least as required) will make an audit a non-event - you hand over docs, and everything checks out. If something was missed (e.g., you discover a posting wasn’t done), talk to counsel about mitigating the issue. Penalties can include back wages (if underpaid) and fines (for willful failures or missing postings, etc.). But again, these scenarios are uncommon for diligent employers.
In summary, common LCA errors are avoidable, and any DOL inquiries (RFIs, audits) can be navigated by providing the requested information accurately. Many HR teams have successfully managed dozens or hundreds of LCAs without trouble by implementing a checklist and double-review system. Some use case management software that pre-populates the LCA and catches inconsistencies. For instance, Gale’s platform auto-checks that the offered wage meets prevailing wage and flags if any required field is blank, reducing the chance of denial due to an oversight. It also stores company data (like FEIN, address) so it’s consistent every time - meaning once your info is verified and used, it won’t be mistyped in later filings. These tech aids aside, even manually you can be fine - just cross your t’s and dot your i’s.
Filing LCAs and managing compliance can be repetitive, especially for companies that sponsor multiple visa employees per year. Luckily, much of the LCA workflow can be automated or streamlined through software, which reduces the burden on HR and minimizes mistakes. Let’s address the question: “How to automate the LCA workflow in HRIS?” - essentially, how you can integrate LCA compliance into your HR systems and processes so that it runs in the background.
1. Using Immigration Case Management Software: A number of modern immigration management platforms (such as Gale, Envoy, Fragomen Connect, etc.) have modules specifically for LCA management. These platforms can generate LCAs using stored company information and even file them electronically on your behalf. For example, Gale’s system will automatically draft the LCA (ETA-9035E) once you input a job’s details, and it will flag any issues like a salary that’s below the prevailing wage (prompting you to adjust before filing). It can then submit the LCA through an API integration with FLAG or via attorney review submission. When the LCA comes back, the software can auto-notify you and even add the certified LCA to the Public Access File repository automatically. In Gale’s case, as soon as the LCA is certified, the platform logs it and updates the case status, and it can even electronically “post” the LCA notice if needed by sending an email to the worksite or posting on a portal. This level of automation means HR doesn’t have to remember all the steps - the system guides and does them.
Some software also provide templates and reminders for notice posting. For instance, it may generate a ready-to-print Notice of Filing with all required info filled in, which you just tape to the wall (or it might handle e-notice via intranet). It could then prompt you after 10 days to take it down and confirm, logging that confirmation in the case timeline. This creates an automatic audit trail.
2. HRIS Integration: Many mid-to-large companies use an HRIS (Human Resources Information System) like Workday, SAP SuccessFactors, BambooHR, etc. Integrating immigration compliance with HRIS can be powerful. How would that work with LCAs? One way is to have custom fields in HRIS for visa status, LCA details, etc., or use triggers. For example, Gale Visa’s platform offers API integrations - if your HRIS is updated with a new hire’s info, it can trigger an LCA filing workflow in Gale automatically. Conversely, when an LCA is certified, Gale can update the HRIS record or send a notification.
A concrete scenario: Suppose your HRIS has a position management system, and you hire a foreign national requiring H-1B. As soon as you mark that employee as requiring sponsorship, an integration could automatically start the case in the immigration software - generating the LCA, petition forms, etc. Once the LCA is submitted or approved, it could push a status back to HRIS (“LCA certified on X date for Y period”).
Another crucial integration point is changes during employment. If your HR department records job changes in HRIS (promotions, location changes), you can set up alerts or use software that monitors those changes against the visa roster. For example, if an H-1B employee’s location field in Workday is edited from “New York” to “California,” that could trigger an alert that “H-1B employee moved - need new LCA and amendment.” Gale’s platform, for instance, monitors such data via API and can automatically prompt an H-1B amendment process when a location or title change is detected. This way, nothing falls through the cracks - HR might even get a task assigned: “Review LCA requirements for John Doe’s transfer to California.”
3. Tracking and Reminders: Automation also helps in tracking LCA and visa expirations. Your LCA has an end date; ideally, your system should remind you before then if the employee is continuing and needs an extension (with a new LCA). Immigration software typically has a dashboard that tracks visa expirations and compliance deadlines. You can set reminders 6 months before an H-1B maxes out or an extension due date, which gives you ample time to file a new LCA and extension. Without automation, it’s easy to lose track if you manage multiple cases on spreadsheets. Many HR teams have moved to using dedicated software or at least calendar alerts to avoid missing these critical dates.
One aspect of LCA compliance that benefits from digital tools is Public Access File management. Instead of physical binders that can be lost or disorganized, Gale (as an example) creates a cloud-based PAF for each H-1B case, populating it with the LCA, wage info, posting proof, etc., automatically. HR can access it anytime, and it’s ready if an auditor ever asks. This saves the HR team from maintaining separate paperwork - the system does it behind the scenes.
4. Reducing Errors and Ensuring Consistency: Automation also reduces human error in the LCA process. We discussed common mistakes - many of those (typos, forgetting fields) are solved by using software that reuses stored data. For example, once your FEIN and address are in the system, it will use the same info every time, eliminating typos. Or if the prevailing wage for a role was determined once, it could be saved for reuse. Systems can also enforce rules - e.g., not letting you file if a required notice isn’t marked as done, or if the salary input is too low. Essentially, technology becomes a second set of eyes checking compliance.
5. Scaling Up: If your company suddenly grows and needs to file 10 H-1Bs in a batch (like in the H-1B cap season), an automated workflow can handle that volume much more easily. Instead of manually creating 10 LCAs, you could populate them in bulk. Some large employers even use scripting to upload LCA info. There have been cases of thousands of LCAs filed (some large consulting companies file in huge volumes) - those are typically done with integrated systems rather than by hand.
6. Monitoring and Reporting: A well-integrated solution will allow you to generate reports on all your LCAs - e.g., how many filed this year, average wages, upcoming expirations, etc. This is useful for internal analytics and ensuring audit readiness. For instance, you could quickly list all active H-1B employees and confirm their PAFs are all in the system. If something’s missing, you can address it proactively.
To implement LCA automation in an HRIS environment, you can either adopt a specialized platform (like Gale or others) that connects to your HRIS, or work with your internal IT to add workflows. Some companies with in-house legal teams build their own tracking databases or use modules of HRIS. However, given the complexity of immigration rules, many prefer vendor solutions that stay updated. For example, Gale is a tech-driven immigration firm that not only provides attorney services but also the software to automate many steps - so HR doesn’t have to be expert in the nitty-gritty, the system guides them and ensures compliance tasks (like LCA posting) aren’t missed.
A quick case study: Imagine a scenario where a startup is expanding and hiring 5 engineers who need H-1Bs. Using Gale, the HR team enters basic job info once. Gale’s platform drafts all 5 LCAs, checking that each salary meets the correct prevailing wage based on the specific city each engineer will work in (maybe one in San Francisco, others in Austin, etc.). Gale highlights that one engineer’s salary was initially a bit low for SF’s prevailing wage - HR adjusts the offer slightly, avoiding a potential denial. Gale files the LCAs electronically. Five business days later, all 5 LCAs are certified (since DOL processed them together). Gale immediately loads each into a Public Access File and sends HR a reminder: “Don’t forget to post the LCA notice at the SF and Austin offices (here are the notices to print)”. HR posts them, clicks a confirmation in Gale. Now the H-1B petitions are filed with USCIS. Months later, the company decides those Austin engineers can work fully remote from now on in their home cities (say one moves to Denver). Workday is updated with the new location; Gale’s integration catches that and notifies: “This is a new MSA, file LCA/amendment.” HR (or Gale’s attorneys) file a new LCA for Denver, get it in a week, file an amendment, and all stays compliant. The system also schedules a reminder 6 months before these engineers’ H-1Bs expire, prompting extension filings with new LCAs as needed. All these moving parts are handled with minimal manual intervention beyond approvals - which is a huge relief for a small HR team. They avoid the fate of some companies that, without such systems, might overlook the Denver move and inadvertently violate LCA rules (which could lead to an issue if audited).
In summary, automating the LCA workflow is highly achievable and beneficial. It ensures compliance at scale, saves time, and provides peace of mind. Whether through a purpose-built platform or tight HRIS integration (or both), investing in this kind of technology is wise for any organization with ongoing visa needs. It turns what can be a tedious, error-prone process into a streamlined one.
For readers of this guide who manage global mobility or HR: consider exploring tools like Gale or other top immigration management solutions - many offer demos to show how they handle LCA postings, PAFs, I-9 tracking, etc. We even have an article comparing Top Immigration Management Solutions which covers what features (like LCA compliance) to look for in such software. The key takeaway is that you don’t have to do all this manually. Automation reduces your legal risk by ensuring no step is overlooked and keeps your team focusing on strategic work rather than chasing forms. In today’s age, with APIs and AI, even something as bureaucratic as preparing an LCA can be handled with just a few clicks - truly making immigration program management much more efficient.
Navigating Labor Condition Applications might seem daunting at first, but with the knowledge from this guide, you can handle LCAs confidently and keep your company in full compliance while benefiting from global talent. We’ve learned that an LCA is not just a checkbox - it’s a set of commitments to pay fair wages and be transparent. For employers, doing it right means your H-1B (or H-1B1/E-3) hires integrate smoothly and legally into your workforce. Attention to detail in the LCA process protects you from fines and protects your sponsored employees from work disruptions.
A few closing tips and recaps for employers and HR professionals dealing with LCAs:
By mastering the LCA process, you’re essentially building the foundation for a successful employment of high-skilled international talent. That talent can be a huge asset to your business (many companies will attest their H-1B employees are integral to innovation and growth). Compliance steps like the LCA enable you to tap that talent while upholding labor standards - a win-win for the company and the wider workforce.
Finally, remember that you’re not alone in this process. If this guide feels detailed, it’s because we wanted to equip you with all the facets of LCA handling. Many HR professionals in startups and large firms alike have gone through the same learning curve. With experience, filing an LCA will feel as routine as running payroll - just another part of the HR regimen. And when you have a trusted partner or system, the process becomes even more seamless.
How Gale can help: If managing all these immigration pieces still feels overwhelming, consider partnering with a modern immigration solution like Gale Visa. Gale is an AI-driven immigration platform and law firm that specializes in work visas and compliance for tech companies and growing businesses. We handle the heavy lifting - from obtaining prevailing wage info to drafting and filing LCAs - while providing you a dashboard to see exactly what’s happening. Our platform automatically posts LCA notices electronically (no more pinning papers on random office boards if you prefer digital), and we maintain your Public Access Files in the cloud for instant access. We also integrate with common HR systems to catch changes like promotions or location moves, proactively prompting you to take action so you never miss an amendment. In short, we act as an extension of your HR team, marrying legal expertise with software efficiency. Gale’s immigration attorneys (backed by our YC-founded tech) have a track record of 100% compliance on LCAs for our clients, and our approval rate for H-1B filings is over 99% in the last 3 years - we take compliance as seriously as you do.
If you’re interested in offloading the stress of managing visas and LCAs, schedule a consultation with Gale. We’ll evaluate your current needs, whether it’s filing a first-time H-1B or scaling a program for dozens of international hires. We pride ourselves on being a trusted partner to HR and global mobility teams - keeping you informed but handling the nitty-gritty behind the scenes. With Gale’s help, you can focus on your core business knowing that complex tasks like LCA postings, PAFs, and H-1B petitions are in expert hands and fully automated workflows.
Ready to simplify your U.S. visa process? Visit our website or book a call with Gale to see how we can assist with your H-1B and LCA needs. Our goal is to make hiring international talent as smooth as hiring domestic talent - and a big part of that is making the labor condition application step effortless for you. With the right knowledge (from this guide) and the right partner, you’ll master LCAs and set your company up for successful, compliant growth.
Q: Do I need a new LCA for an H-1B extension or transfer to a new company? A: Yes. Every H-1B petition filing requires a certified LCA specific to that employer and job. If you are extending an H-1B employee’s stay, you must file a new LCA to cover the extension period (even if the job details remain the same, a fresh LCA is needed for the new time frame). Similarly, when an H-1B worker transfers from one company to another, the new employer must obtain and file its own LCA - an LCA is not transferable between different employers. The only time you might reuse an existing LCA is for a very short-term extension filed within the original LCA dates, but in practice most extensions use a new LCA to cover the full requested period. Always ensure the LCA on file matches the dates of the H-1B petition you are submitting.
Q: Can one LCA cover multiple H-1B employees? A: In some cases, yes. An employer can include multiple workers on a single LCA if they are for the exact same position, location, and terms. The LCA form has a field for number of workers. For example, if you plan to hire three Software Engineers in New York with identical wages and job duties, you could file one LCA listing 3 positions. This can streamline filings and is often used by companies that hire batches of H-1Bs (such as consulting firms or universities hiring many people in the same role). However, each worker’s H-1B petition must still reference that LCA and each will count against the total. Many employers choose to do one LCA per worker for simplicity in tracking. If you do use one LCA for multiple employees, ensure you post notice appropriately for all positions and maintain records for each hire in the Public Access File. Also, note that if you only fill some of the positions (e.g., you listed 3 but hired 2 people), that’s fine - the unused “slot” simply expires with the LCA.
Q: What happens if my LCA is denied or rejected? A: An LCA denial isn’t the end of the road - you can correct the issue and refile. The Department of Labor typically provides a reason for denial. Common reasons are technical or compliance issues, such as a FEIN not being verified, the offered wage being below the prevailing wage, or a data error on the form. Once you identify the reason, you should take corrective action: for example, complete the FEIN verification process with DOL, or adjust the wage or job details to meet requirements. Because LCA processing is fast (7 days or less), refiling after a denial usually only causes a short delay. There is no formal appeal process for an LCA denial - refiling a corrected application is the solution. Make sure to address the problem directly; if unsure, consult with immigration counsel. In many cases, a quick fix (like updating a wage or rechecking a form box) will lead to a successful certification on the next try.
Q: Is a Labor Condition Application the same as Labor Certification (PERM) for a green card? A: No, they are completely different processes despite the similar names. An LCA (Labor Condition Application) is used for temporary work visas like H-1B; it’s a short application where the employer attests to paying prevailing wages and is processed in about a week with no recruitment steps. In contrast, a Labor Certification (often called PERM) is the extensive process employers undergo for employment-based green cards (permanent residence). PERM requires the employer to test the U.S. labor market through advertisements, prove there are no qualified U.S. workers for the position, and then submit a detailed application to DOL. PERM can take many months (and involves different forms, like ETA-9089). In short: LCA = quick attestations for a nonimmigrant visa, while PERM labor certification = comprehensive recruitment process for permanent hire. For an H-1B worker, you’ll do LCAs during their temporary stay, and if you sponsor them for a green card later, you’ll then deal with the PERM process separately.
Q: Are LCAs public information, and who can access them? A: Certain information from LCAs is public. The Department of Labor publishes LCA data regularly (e.g., in quarterly and annual datasets), including employer name, job title, salary, location, etc. This means the fact that your company filed an LCA for a “Software Developer in San Francisco at $120,000” becomes part of a public database. Additionally, anyone has the right to request to see your Public Access File for a given H-1B employee, which includes the LCA and related info. You must make that available at your offices upon request. In practice, such requests are rare, but you should be prepared. Also, employees at the worksite are effectively notified through the posting that an LCA was filed. So while LCAs aren’t “published” in a way like a press release, the information isn’t confidential. Competitors or researchers can download LCA disclosure data from DOL’s website. Tip: Ensure consistency and accuracy in what you file, since misrepresentations in an LCA could not only lead to penalties but also become publicly visible data. Most employers are fine with this transparency as they’re meeting all requirements. If you’re curious, you can even look up your company’s name in the DOL LCA data to see past filings.
Q: What are the penalties for not complying with LCA requirements? A: Non-compliance with LCA obligations can lead to several penalties enforced by the DOL’s Wage and Hour Division. Potential consequences include: back wage payment to the foreign worker (if it’s found you paid below the required wage, you’d have to pay the difference for all affected periods), civil monetary fines (these can range widely, for example a few thousand dollars per violation, and can be higher for willful violations or discrimination/replacement of U.S. workers), and debarment from the immigration programs (in severe cases, an employer can be banned from filing H-1Bs or other visas for a period, often up to 1-3 years). For instance, failing to post the notice might incur a fine (often a lower-end fine if that’s the only issue and no workers underpaid), whereas intentionally paying someone $20,000 below the prevailing wage could bring hefty fines and back wages. Willfully lying on an LCA or systematically abusing the program carries the worst penalties, including being barred from access to H-1B workers. Additionally, DOL can also make you take corrective actions like paying required wages and benefits. It’s worth noting that compliance investigations can be triggered by complaints (say, an H-1B employee complains they’re underpaid or a U.S. worker complains about displacement) or by random audit. The vast majority of employers will never face an investigation if they follow the rules. But the stakes underscore why it’s important to treat LCA promises seriously. The good news: if you adhere to prevailing wage, posting, and file maintenance, you should have nothing to worry about. Regular self-audits and using tools (or counsel) to check compliance can ensure you’re not accidentally violating something. Essentially, the penalties exist to punish bad actors - as long as you’re a good-faith employer following guidance (like this guide!), you’re unlikely to ever be penalized.
Gale Visa is an AI-powered immigration platform transforming how HR and global mobility teams manage U.S. work visas. Learn what Gale Visa is, how it works, its features, pricing, API integrations, onboarding, and why forward-thinking companies choose this modern global relocation service for employee mobility.
Learn how to sponsor an H-1B employee step by step. This comprehensive guide for employers covers the H-1B sponsorship process, required documents, timelines, costs, compliance obligations, and tips for success.
Do you need an H-1B visa lawyer? Learn how the best H-1B visa attorneys can maximize your approval chances, tips for choosing a top H-1B law firm, and why specialized expertise matters for tech startups.
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