Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for guidance specific to your company's situation.
Filing an LCA for an H-1B worker involves 8 steps and takes approximately 10–14 business days from start to finish under normal conditions, with 7 of those days consumed by the Department of Labor's mandatory certification period. The LCA must be certified before you can file the I-129 petition with USCIS — it is a prerequisite, not a parallel process.
What Is an LCA and Why Must It Come Before the I-129?
A Labor Condition Application (LCA), submitted on ETA Form 9035E, is a legally binding attestation the employer makes to the Department of Labor (DOL) before hiring an H-1B worker. By signing it, the employer attests to several key obligations: that the H-1B worker will be paid at least the prevailing wage for the role and location, that the working conditions will not adversely affect similarly employed US workers, and that no strike or lockout is occurring at the worksite.
USCIS will not accept an I-129 H-1B petition without an LCA certified by DOL. The LCA must match the petition in terms of job title, SOC code, wage rate, and worksite location. Any mismatch is grounds for rejection or an RFE.
The LCA is filed through the FLAG system at flag.dol.gov — a DOL-administered online portal. It is free to file. Certification typically takes 7 business days, though it can be faster.
Step-by-Step LCA Filing Process
Step 1: Determine the SOC Code
The Standard Occupational Classification (SOC) code is the foundation of the LCA. It determines which prevailing wage data applies to the role, which directly affects the wage you must commit to paying.
Select the SOC code that best matches the actual job duties the worker will perform — not the job title, and not whatever code results in the lowest prevailing wage. DOL and USCIS both scrutinize SOC code selection. Mismatches between the stated job duties and the selected SOC code are a primary driver of RFEs.
For IT staffing companies, common SOC codes include 15-1252 (Software Developers), 15-1244 (Network and Computer Systems Administrators), 15-1211 (Computer Systems Analysts), and 15-1299 (Computer Occupations, All Other). See our SOC code selection guide for a complete breakdown of IT roles.
Step 2: Look Up the Prevailing Wage
Once you have the SOC code and the work location (including all secondary worksites if the worker will be placed at a client site), look up the applicable prevailing wage using the DOL Foreign Labor Certification Data Center's Online Wage Library at flcdatacenter.com.
Prevailing wages are published at four levels (Level I through Level IV) based on experience, supervision, and complexity. Understanding which wage level applies to the specific role is critical — selecting a level that does not match the actual job duties can create back-wage liability during a DOL audit.
See our detailed guide on H-1B prevailing wage levels for help determining which level applies to your workers' roles.
Step 3: Confirm the Actual Wage
The LCA requires the employer to attest to both the prevailing wage (the DOL benchmark) and the actual wage (what the employer actually pays workers in the same role at the same location). The employer must pay the H-1B worker the higher of the two.
Review what comparable workers at your company in the same role and location are being paid. If your actual wage for the position is higher than the prevailing wage, the actual wage governs. Document this review — it becomes part of the Public Access File.
Step 4: Register on the FLAG System
If you have not already, create an account at flag.dol.gov. Registration requires company information, EIN, and designation of an authorized representative. The FLAG system is where all LCAs are submitted electronically.
Large employers with dedicated immigration functions typically have existing FLAG accounts. For smaller IT staffing companies filing their first LCA, allow 1–2 business days for account setup and verification before you can submit.
Step 5: Complete ETA Form 9035E
Within the FLAG system, complete ETA Form 9035E. Key fields include:
- Employer name, address, and EIN
- H-1B worker name, job title, and SOC code
- Full period of employment (start and end dates, up to 3 years)
- Wage rate (must be at or above the prevailing wage)
- Worksite address(es) — include all locations where work will be performed
- Attestations regarding working conditions, strikes/lockouts, and notice to workers
For IT staffing companies placing workers at client sites, list the client worksite address as the place of employment. If the worker may be placed at multiple client sites during the validity period, this requires careful LCA planning — each new worksite may require a new or amended LCA.
Step 6: Submit and Wait for Certification
Submit the completed ETA Form 9035E through the FLAG system. DOL's standard processing time is 7 business days from the date of submission. The system will email you when the LCA is certified.
In practice, many LCAs are certified faster — sometimes in 1–3 business days. However, plan for 7 business days in your filing timeline. Rush processing is not available for LCAs.
Step 7: Post Notice at the Worksite
Once the LCA is certified (or at the time of filing, depending on your procedure), you must post notice at the worksite for 10 consecutive business days. This notice informs US workers that an H-1B petition is being filed and gives them the opportunity to review the LCA.
Notice can be physical (posted in a conspicuous location at the workplace) or electronic (posted on an intranet accessible to all workers at the affected worksite). The notice must include the LCA number, job title, wage rate, period of employment, and worksite address.
For workers placed at third-party client sites, notice must also be posted at the client's worksite. This is a point of frequent non-compliance for IT staffing companies — do not overlook it.
Step 8: Maintain the Public Access File
After the LCA is certified and notice is posted, assemble the Public Access File. This file must be available to the public (typically through your HR office) within one business day of the LCA being filed with DOL. It must contain:
- A copy of the certified LCA
- Documentation of the wage rate paid to the H-1B worker
- A list of H-1B workers employed at the worksite
- Documentation of the actual wage and how it was determined
- Documentation of the prevailing wage source used
The Public Access File is what DOL inspectors review during an audit. It must be maintained for one year after the end of the validity period of the LCA. For a complete checklist, see our LCA compliance checklist.
Common LCA Mistakes to Avoid
IT staffing companies make certain LCA errors repeatedly. The most damaging:
Wrong worksite address. If the worker is placed at a client site, the LCA must list the client's address — not your company's office. Filing with the wrong address invalidates the LCA for that placement.
Forgetting secondary worksites. If a worker will work at multiple client sites (even intermittently), each distinct location requires either its own LCA or a properly filed short-term placement memo. Many staffing companies skip this step.
Posting notice at the wrong location. Notice must be posted at the actual worksite, which for consulting placements is the client's premises. Posting only at your corporate office is non-compliant.
Selecting the wrong wage level. Level I wages are for entry-level workers with limited experience. If the role actually requires significant experience or independent judgment, Level I may be incorrect and could expose the employer to back-wage claims.
How Long Does LCA Certification Take?
Under normal conditions, DOL certifies LCAs within 7 business days of submission through the FLAG system. There is no premium or expedited processing option for LCAs — the 7-business-day window is fixed.
In practice, many LCAs are certified in 2–4 business days. However, system outages, high submission volumes during H-1B cap season, and incomplete submissions can cause delays.
Plan your H-1B petition filing timeline to allow at least 10–14 business days between starting the LCA and having a certified LCA ready to attach to the I-129. This buffer accounts for LCA preparation, certification, and the start of the 10-day notice period.
For a comprehensive compliance checklist covering LCA obligations from filing through the end of the H-1B period, visit our LCA compliance checklist.