Filing H-1B LCA: Timeline and Process Overview

The Labor Condition Application (LCA) is the crucial first step in the H-1B visa process. Before an employer can file an H-1B petition with USCIS, they must get an approved LCA from the Department of Labor. This document shows the employer's commitment to pay fair wages and provide proper working conditions.

Getting the timing right for your LCA filing is essential. While the Department of Labor typically processes LCAs within 7 business days, it’s good to plan ahead. You'll need time to gather information, determine the correct prevailing wage, and prepare posting notices before submitting your application. 

The LCA process can be tedious, so, let’s break down everything about the LCA filing process along with its complete timeline.

What Is H-1B LCA?

An H-1B Labor Condition Application is a form (ETA-9035/9035E) that employers must file with the Department of Labor before seeking an H-1B visa for a foreign worker. This form is not the actual visa application but a required step before filing the H-1B petition with USCIS.

With a clear definition of the LCA in mind, it's worth exploring why this document is so essential.

Importance Of The H-1B LCA In The Visa Application Process

The LCA forms the foundation of the entire H-1B process. Without a certified LCA, USCIS will reject an H-1B petition entirely, making this first step absolutely critical.

• The LCA ensures wage protection by requiring employers to pay foreign workers at least the prevailing or actual wage, preventing the undercutting of American salaries.
• It protects working conditions by requiring attestations that hiring H-1B workers won't negatively affect US workers' conditions.
• The LCA creates public accountability by making employer wage information available through the Department of Labor's public database.
• It establishes the specific work location(s) for the H-1B worker, with separate LCAs required for different geographic locations.
• The filing requires notice to US workers about the intent to hire an H-1B worker through either union notification or workplace posting.
• The LCA helps prevent abuse of the H-1B program through penalties for non-compliance, including fines and bars on future immigration filings.

This process balances the needs of employers seeking specialized talent with protections for both US and foreign workers. The system ensures basic labor standards will be maintained by requiring these attestations before an employer can even file an H-1B petition.

When preparing an LCA, employers must provide specific information about the job, the company, and their promises to protect both US and foreign workers.

Details Required In An H-1B LCA

Here are some details that are required in the H-1B LCA:

The employer must identify the correct prevailing wage for the job in the specific location where the H-1B worker will work. This can come from the Department of Labor's wage database, applicable collective bargaining agreements, or other legitimate sources.

All LCA information becomes a public record. Employers must maintain a public access file containing the LCA and supporting documents that anyone can review. This transparency helps ensure compliance with program requirements and allows for public oversight of the H-1B system.

Also Read: How To Write An Effective H-1B Employer Support Letter

With the required information in mind, let's walk through the actual filing process. Following these steps in sequence helps avoid unnecessary delays.

Steps To File An H-1B LCA

Filing an LCA involves several precise steps that must be followed carefully to avoid delays or rejections in the overall H-1B process.

1. Obtain a Prevailing Wage: Determine the appropriate wage rate for the position, which must be the higher of the actual wage or the prevailing wage, which is the standard rate for that occupation in that location.
2. File the LCA with the Department of Labor: Submit Form ETA-9035/9035E electronically through the FLAG system, attesting to compliance with H-1B program requirements. The LCA must be filed no more than 6 months before the intended employment start date. During this step, employers must post notices about the filing at the worksite for 10 business days or notify the appropriate bargaining representative.
3. Case Processing and Next Steps: The Department of Labor reviews the LCA within seven working days for completeness and obvious errors. Once certified, employers can view the approved LCA from the FLAG system. This certified document must be included with the subsequent H-1B petition filed with USCIS.

After you submit the LCA, the Department of Labor will check it for completeness and obvious errors. If everything looks right, they'll certify it within seven working days. With the certified LCA in hand, you can then move forward with the H-1B petition to USCIS.

After learning how to file, understanding the timeline becomes crucial. Knowing what to expect at each stage helps with planning.

Processing Timeline For H-1B LCA

Understanding how long each step of the LCA process takes helps employers plan their overall H-1B timeline effectively. Good planning prevents last-minute rushes and potential issues.

You can file an LCA up to 6 months before the intended employment start date. This window gives flexibility in timing, but don't wait until the last minute. The 7-day processing time only applies if your application is complete and error-free.

The FLAG system lets employers check their LCA status in real-time. You can log in anytime to see if your application has been certified, is still being reviewed, or was denied due to issues.

For time-sensitive cases, build in extra time for potential problems. If an LCA gets denied because of errors, you'll need to start over completely. This can significantly delay your H-1B petition, especially during busy filing seasons.

With the processing timeline in mind, it’s also essential to know about the best time to submit the LCA.

When To File LCA For H-1B?

The Labor Condition Application (LCA) must be filed before submitting the H-1B petition to USCIS. The Department of Labor (DOL) allows employers to file an LCA up to 6 months before the intended employment start date.

• File early enough to account for the 7 working days that DOL takes to process LCAs.
• Factor in additional time for possible technical issues with the FLAG system.
• Allow time for the required 10-day notice posting period before or during LCA processing.
• Consider your H-1B cap registration timeline if applicable (typically in March).
• Plan for at least 2-3 weeks total for LCA preparation, posting, and certification.

Most employers begin the LCA process 2-3 months before their planned H-1B petition filing date. This timing provides a buffer for any unexpected delays while staying within the 6-month validity window of a certified LCA.

Wondering if there’s a way to skip or expedite the process of LCA submission. Here’s what you need to know.

Can You File An H-1B Without LCA?

No, you cannot file an H-1B petition without a certified LCA. The certified LCA is a mandatory document that must accompany Form I-129 when submitting an H-1B petition to USCIS.

• USCIS will reject any H-1B petition that does not include a certified LCA.
• The LCA case number must be listed on your Form I-129 petition.
• The LCA must be certified by DOL before the H-1B petition is submitted.
• The position details on the LCA must match those on the H-1B petition.
• The LCA serves as proof that the employer will comply with H-1B wage and working condition requirements.

The LCA is a core element of the H-1B program's worker protections. It verifies that hiring a foreign worker won't negatively impact US workers' wages or working conditions in the same job and location.

Also Read: Post-Lottery H-1B Timelines: What Happens Next After Selection

Now, along with the initial application process, it’s also natural to wonder about the renewal process. So, let’s explore that.

Is LCA Needed For H-1B Renewal?

Yes, a new LCA is required for H-1B extensions or renewals. Each H-1B petition, whether initial or extension, must be supported by its own certified LCA.

• A new LCA is needed even if the job duties and location remain the same.
• The new LCA must cover the requested extension period.
• The same 7-day DOL processing timeframe applies to extension LCAs.
• Wage requirements must be reevaluated as prevailing wages may have changed.
• Public notice requirements must be fulfilled again for the new LCA.

Filing for a new LCA for extensions helps ensure that the wage being paid remains appropriate based on current market conditions. The process for obtaining an LCA for an extension is identical to the initial LCA process.

The LCA process involves multiple steps and careful timing. Professional assistance can make this journey much smoother.

How Can Alma Help With The H-1B Visa Process?

At Alma, our expert legal advisors simplify the entire complex visa application process through their strong immigration expertise. Our expert attorneys guide employers and workers through each step of H-1B preparation.

• We offer a two-week turnaround time for document processing, ensuring your petitions move forward quickly without sacrificing quality or compliance in a deadline-driven system where timing is critical.
• Our legal team has a 99%+ approval rate, using deep expertise in talent visas to maximize your chances of success through careful preparation and review of all application materials.
• We provide personalized attention tailored to each unique case, recognizing that every H-1B situation involves different challenges and requirements.

Alma serves as a complete solution for the entire H-1B process, from initial LCA preparation through petition filing. Schedule a free consultation with Alma today!

Final Thoughts

The LCA filing process may seem straightforward with its 7-day processing time, but proper preparation makes all the difference. Smart employers start early, verify their prevailing wage information carefully, and follow posting requirements exactly. This careful planning prevents delays that could derail the entire H-1B petition process.

Remember that the LCA creates legal obligations for employers regarding wages, working conditions, and treatment of both H-1B and US workers. These attestations have real consequences if violated, including potential fines and bars on future immigration filings. Taking the process seriously from the beginning helps ensure compliance throughout the H-1B employment period.

Specialized assistance can be invaluable for organizations looking to go through this process efficiently. Alma's deep immigration expertise can enhance the LCA and H-1B process. Our approach reduces administrative complexity while ensuring compliance with all regulatory requirements.

Let Alma be a partner on your path to achieve immigration success. Ready to get started? Book a free consultation today!