LCA Checklist

Overview of the LCA Process

As you know, the first stage in the process of obtaining an H-1B Petition approval for a foreign national employee involves obtaining a Labor Condition Application (LCA) Approval. The LCA is, in essence, a series of promises that employers must make to the U.S. Department of Labor (DOL) when filing an LCA. The most important of these promises is that the employer must pay the foreign national employee the higher of the prevailing wage (i.e., the "going rate") in the area of employment and the actual wage (i.e., the rate that the employer pays to similarly employed and qualified employees in the same or similar position at the same worksite as the foreign national employee).

Prevailing Wage Memorandum

In order to assist you in identifying appropriate sources for documenting the prevailing wage, please provide us with (1) the minimum educational requirement for the offered position; as well as (2) the minimum number of years of experience that are required to fill the position.

Actual Wage Memorandum

In addition to the prevailing wage, an employer must place a memorandum in its LCA Compliance File that demonstrates the factors the employer considers when deciding how much to pay its employees. Please review and complete our actual wage factor list so that we can assist you in documenting how your organization determines the actual wage.

Number of Positions

Please advise us if you want to file an LCA that can support more than one H-1B case for this job title. If so, for how many? This may save an employer time and money if you later hire another foreign national for this same position in the same location.

Locations

Each LCA can support up to two locations. This may save an employer time and money if you later hire another foreign national for this same position in a different location. Please let us know if you wish to list more than one work location, and if so, which locations you would like us to include in the LCA.

Salary Range

Please let us know if you would like to list a salary range on this LCA. Since the LCA must be posted publicly, many employers choose to list a salary range to protect the confidentiality of the offered salary to an individual employee. The low end of the salary range must be 100% of the prevailing wage figure. Additionally, listing a salary range offers employers greater flexibility in using this LCA to support additional H-1B Petitions in the future. Please let us know if you would like to list a salary range on the LCA, and if so, what range you would like to list.