Labor Condition Attestation (LCA)
In cases where an employer must file a labor condition attestation (LCA), the employer must complete an ETA 9035 form and file it with the Department of Labor Employment & Training Administration (ETA) at the regional office that has jurisdiction over the job site. The form requires the employer to attest to the following:
- It will pay H-1B non-immigrants the prevailing wage or actual wage for the occupation, whichever is greater;
- It will provide working conditions that will not adversely affect the working conditions of similarly-employed U.S. workers;
- There is no strike or lock-out in the relevant occupational classification at the place of employment; and
- The employer has provided notice and a copy of the LCA to the local bargaining representative if the employer’s workplace is unionized. If the workplace is not unionized, the employer has posted the notice at the facility.
Persons who wish to challenge an attestation may file a complaint with the Department of Labor’s Wage and Hour Division. If the Wage and Hour Division finds that an employer has not complied with the attestation requirement or has made a material misrepresentation of fact or made other mistakes, the employer can be fined and/or be required to pay back wages. Employers found to be willful LCA violators will be barred from filing some other kinds of work-related Visas for at least one year.