What is an LCA?
Updated October 5, 2026 · 5 min read
A Labor Condition Application (LCA), Form ETA-9035, is filed with the Department of Labor before an employer can petition for an H-1B worker. In it the employer attests to paying at least the prevailing wage for the role and location, to not adversely affecting the conditions of other workers, and to notifying existing staff. It is an enforceable set of promises, not a formality.
What the employer is attesting to
Four things. That the worker will be paid at least the higher of the prevailing wage for that occupation in that area, or the actual wage paid to similarly employed staff. That employing them will not adversely affect the working conditions of existing employees. That there is no strike or lockout in the occupation at the place of employment. And that notice of the filing has been given, either to the bargaining representative or by posting at the worksite.
These are commitments the Department of Labor can and does enforce. An approved LCA is not permission to proceed and forget — it is a set of obligations that run for the duration of the employment.
Why worksite matters so much in staffing
The prevailing wage is specific to the occupation and the geographic area of employment. A software engineer in Omaha and one in San Jose have different prevailing wages, and the LCA must reflect where the person actually works.
For a staffing firm placing consultants at client sites, this is the recurring trap. An LCA filed for one metropolitan area does not cover a consultant moved to a client in another. A move outside the area of intended employment generally requires a new LCA and often an amended petition, before the move rather than after.
Short-term placements have their own limited provisions, and they are narrower than people assume. Treating them as a general workaround for moving consultants between clients is how firms end up in enforcement proceedings.
The public access file
Within one working day of filing, the employer must create a public access file containing the LCA, documentation of the wage rate, the prevailing wage determination, proof of notice and a summary of benefits. It must be available to anyone who asks within one working day — not just to investigators.
It is kept for one year beyond the end of employment under the LCA, or one year from the filing date if nobody was employed under it. Missing or incomplete public access files are among the most common findings in Department of Labor investigations, precisely because the one-day deadline makes it easy to postpone and then forget.
Benching, and why it is not allowed
Once the H-1B worker enters employment, the employer must pay the required wage even when there is no billable project — the practice known as benching without pay is a violation, and back wages are the standard remedy.
This is specific to the staffing model and it is enforced. Agencies carrying H-1B consultants between assignments must continue paying them, which is a real cost and needs to be planned for rather than discovered.
Common questions
What does LCA stand for?
Labor Condition Application, Form ETA-9035, filed with the Department of Labor before an H-1B petition can be submitted to USCIS.
Is an LCA the same as an H-1B petition?
No. The LCA is a wage and working-conditions attestation filed with the Department of Labor. The H-1B petition is filed separately with USCIS and requires a certified LCA first.
Do I need a new LCA if the consultant changes client site?
Usually yes, if the new worksite is outside the area of intended employment on the existing LCA. Limited short-term provisions exist but are narrower than commonly assumed, and relying on them routinely is a known source of enforcement findings.
What is a public access file?
The documentation an employer must assemble within one working day of filing the LCA — the application, wage documentation, the prevailing wage determination, proof of notice and a benefits summary — available to any member of the public on request.