Everything employers need to know about filing a Labor Condition Application through the DOL FLAG system for H-1B sponsorship.
The Labor Condition Application (LCA) is the first formal filing step in the H-1B sponsorship process. Filed with the Department of Labor before the H-1B petition goes to USCIS, the LCA requires employers to make specific attestations about wages, working conditions, and worker notification. Getting the LCA right is critical — errors here can derail the entire petition.
The LCA (Form ETA-9035) is an employer attestation filed with the Department of Labor (DOL). It certifies that the employer will pay the required wage, that employing the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers, that there is no strike or lockout at the worksite, and that notice of the filing has been provided to workers. The certified LCA is then submitted as part of the Form I-129 petition to USCIS.
LCAs are filed electronically through the DOL's Foreign Labor Application Gateway (FLAG) at flag.dol.gov. Employers or their attorneys create an account, complete the form with job details, worksite information, and prevailing wage data, and submit electronically. FLAG typically certifies LCAs within 7–10 business days. The system validates entries and will reject incomplete or inconsistent applications.
Employers make four core attestations on the LCA:
Employers must provide notice of the LCA filing on or within 30 days before the LCA is filed. Notice must be posted for 10 consecutive business days either physically at the worksite (two conspicuous locations) or electronically on the company intranet. The notice must include the job title, SOC code, wage rate, and the period of employment. Maintain dated copies of all postings for the public access file.
Within one working day of filing the LCA, employers must create a public access file containing the LCA, prevailing wage documentation, actual wage documentation, proof of notice posting, and a summary of benefits offered. This file must be available for public inspection and maintained for one year beyond the LCA's validity or the employee's last day, whichever is later. DOL investigators can request this file at any time.
The most common errors include selecting the wrong SOC code for the occupation, using an incorrect metropolitan statistical area (MSA), filing with a wage below the current prevailing wage, failing to post notice before the LCA filing date, and not maintaining the public access file. Any of these can result in LCA revocation, USCIS petition denial, or DOL penalties.
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Search H-1B Sponsors on Wisa →A certified LCA is valid for up to 3 years, matching the maximum initial H-1B petition period. The LCA must cover the entire requested period of employment on the I-129 petition. Once certified, the LCA must be used to file an H-1B petition within its validity dates.
Yes. The LCA is worksite-specific. If the H-1B employee will work at multiple locations, each worksite must be listed on the LCA or covered by a separate LCA. Short-term placements (under 30 days in a 60-day period) at non-listed worksites may be exempt under certain conditions.
No. Certified LCAs cannot be amended. If material conditions change — such as the worksite, wage, or job duties — you must file a new LCA and an amended H-1B petition. Minor changes that do not affect the LCA attestations may not require a new filing, but consult with immigration counsel.
An employer is H-1B dependent if H-1B workers make up 15% or more of the workforce (for companies with 26–50 employees). H-1B dependent employers must make additional LCA attestations: that they did not displace U.S. workers and that they made good-faith efforts to recruit U.S. workers before hiring H-1B employees.