LCA Attestation

Purpose of the Labor Condition Application (LCA)-ETA Form 9035/9035E

  • Provide assurance that employment of an H-1B worker does not adversely affect the wages and working conditions of U.S. workers
  • Provide assurance that the H-1B worker is not exploited by U.S. employer by substandard wages and inadequate working condition

A Labor Condition Application (LCA)-ETA Form 9035 & 9035E is filed through DOL iCERT portal system. For an overview of the H-1B program and Frequently Asked Questions, visit Department of Labor, Foreign Labor Certification website.

Department of Labor regulations require the employer to make a filed LCA and certain supporting documentation available for examination within one day of filing the LCA. Information and documentation retained for the LCA public inspection file is kept at International Student and Scholar Services. Besides documents for public examination the contents for DOL inspection are also kept in ISSS.

Labor Condition Application Statements

Wages and Benefits. Pay the nonimmigrant at least the local prevailing wage or the employer's actual wage, whichever is higher, and pay for non-productive time. Offer the nonimmigrant benefits on the same basis as offered to U.S. workers.

Working Conditions. Provide working conditions for the nonimmigrant which will not adversely affect the working conditions of workers similarly employed, such hours, shift, vacation periods, and benefits on the same criteria offered to U.S. workers.

Strike, Lockout, or Work Stoppage. Ensure there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the LCA; and;

Notice. Notify U.S. workers that the employer intends to hire an H-1B employee by either providing notice of the LCA to the bargaining representative or where there is no bargaining representative, providing electronic notice of the filing of the LCA, or by posting notice of the LCA in at least two conspicous locations at worksite. The notice must contain specific information about the position, number of H-1B nonimmigrants sought, and process for submitting allegations of misrepresentation or non-compliance related to the LCA. Notice must be given on, or up to 30 days before the day the LCA is filed with DOL. Also, a copy of the certified LCA must be provided to the H-1B employee no later than the first day on which the employee reports to work.

Additional Attestation. The employer is not "H-1B dependent" or a willful violator of the terms and conditions of a LCA.