Feb 17, 2025
A Labor Condition Application (LCA) is a document required by the Department of Labor (DOL) before an employer can sponsor a foreign national under certain work visas—most commonly the H-1B. In the H-1B process, the employer must attest in the LCA that they are offering the foreign worker the prevailing wage (or higher) for the position and will provide working conditions that do not adversely affect other employees.
Essentially, the LCA serves as a means of:
Since the LCA is a legal attestation, many employers rely on immigration attorneys or law firms to handle the process. Immigration legal professionals do the following:
Filing an LCA accurately and on time is critical. Any mistakes can delay the broader H-1B petition, creating complications for both the employer and the prospective employee. Employers often retain lawyers to prepare and file LCAs and advise them on compliance measures to maximize the chances of having LCAs and subsequent visa petitions approved.
While the LCA process may seem straightforward, even minor errors can derail an application or lead to compliance issues. So let’s go over each of the steps carefully.
The first step in LCA filing is to determine the correct prevailing wage for the position. The DOL uses several sources to calculate the appropriate wage level, including:
Choosing the right wage source is essential for compliance—incorrect wage data often triggers application delays or denials.
Form ETA-9035/9035E is the official LCA document you submit to the DOL. You’ll need to provide details about:
Accuracy here is key. Any mistakes on this form can significantly affect LCA processing time.
Before filing, employers must post two notices of the LCA filing at the worksite or provide electronic notice to affected employees. This requirement ensures transparency for U.S. workers who might be affected by the hiring of a foreign national.
After you’ve posted the required notices, you can submit the LCA electronically via the DOL’s Foreign Labor Application Gateway. You'll be prompted to provide information such as the visa classification, employer details, attorney or agent information (if applicable), job specifics (including title, description, location, and wages), and attestations regarding compliance with labor condition statements.
Once the DOL approves your LCA, you’ll receive a certified copy. At this stage, you can file the Form I-129 petition (provided the foreign national’s registration was selected in the H-1B lottery, if applicable). The certified LCA must be included with the H-1B petition documentation.
Generally, the DOL processes electronically filed LCAs within 7 to 10 business days. During peak H-1B filing seasons, however, processing can take longer. There is no official “expedited” path for LCAs akin to premium processing for H-1B petitions, so planning ahead is essential.
That being said, high application volume, public holidays, and errors in your submission can extend LCA processing time. By double-checking your application and submitting all required documentation, you can minimize potential delays.
Immigration lawyers should proactively communicate with their clients about these timelines—especially during busy H-1B filing windows. Setting realistic expectations helps avoid confusion and stress if approvals take longer than anticipated.
Accuracy is crucial. Having the right documents required for LCA filing ensures a smoother process and helps avoid Requests for Evidence. Key items include:
Keep a well-organized record of these LCA immigration documents. Proper documentation reduces errors and supports faster review by the DOL.
The Trump Administration introduced several policy shifts that impacted LCA filing and the broader H-1B process. While some initiatives may evolve under different administrations, they highlight the importance of vigilance:
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Staying informed and preparing clients for possible scrutiny or additional documentation requests can help prevent delays.
Even minor errors in wage data, job classification, or documentation can delay approvals and trigger DOL scrutiny. To streamline filings, immigration lawyers should verify details, leverage case management tools, and maintain organized records.
Solutions to avoid delays:
Monitoring LCA filing status helps you keep clients updated and mitigate surprises. Here’s how to do it effectively:
Immigration lawyers increasingly turn to e-filing tools to streamline LCA submissions and track LCA processing time. With so many different processes to manage and so many documents, it can be inefficient to manage document filing between various platforms.
Many immigration lawyers are now turning to solutions that allow them to submit immigration forms right from the same software that they use for case tracking and document management. Integrating these workflows allows for improved efficiency and better processes.
Here are some of the ways that e-filing inside of case management software helps immigration law firms:
Especially for immigration lawyers handling multiple LCAs, e-filing within case management software helps maintain consistent, high-quality work while reducing stress.
Docketwise streamlines the e-filing process by integrating directly with USCIS, DOL FLAG, and DOS CEAC systems through its Smart Forms feature. This allows immigration attorneys to electronically gather information and submit petitions seamlessly. The process eliminates cumbersome paperwork and improves efficiency by automating data entry and submission.
Docketwise’s e-filing capability helps law firms process applications faster while maintaining compliance with agency requirements. This includes:
Together, these features save time and minimize the risk of errors—letting you focus on providing top-tier legal services rather than chasing paperwork. If you’re an immigration lawyer or firm aiming to improve your LCA filing workflow, schedule a demo to see how Docketwise can help.
