US immigration - LCA for non-immigrant visa (H-1B, H-1B1 or EB-2, EB-3)

 What is an LCA = Labor Condition Application?

1. The Labor Condition Application (LCA) is a form U.S. employers must file to sponsor non-immigrant workers in H-1B, H-1B1 or EB-2, EB-3 visa programs. 
2. The LCA is an attestation by the employer regarding the employment and must be filed and approved by the Department of Labor (DOL). 
3. The LCA attests to the facts that:
1. The employer is paying the legally required wage for the position, 
2. Working conditions of U.S. workers will not be affected by the employment of the foreign worker
3. There is no work stoppage affecting the occupation
4. Notice of the employer’s intent to hire a foreign worker has been posted at the worksite. (In certain situations, an LCA may already have been approved for multiple workers for the same position and location.)
4. LCA is filed using Form ETA 9035E or 9035. 
5. The Department of Labor Employment and Training Administration (ETA) is responsible for certifying LCA cases. 
6. If approved, an LCA is valid for three years (H-1B and H-1B1) or two years (EB-2 and EB-3).
7. Form 9035E is required for Online filing of an LCA through the ETA's FLAG system (used to be iCert System). All employers must use electronic filing, unless prior special permission is granted to submit paper form ETA-9035 by mail.
8. LCA Case Number in this format: I-123-12345-123456.
9. Enter a case number to search complete LCA information from publicly available databases like Option 1. 
10. Every year DOL publishes a massive amount of LCA and H1B data as required by transparency protocols. Certain information, such as Federal Employer Identification Number (FEIN), personal contact info, and other confidential data are not released by the DOL, but they're required for filing LCA.

The table below captures the content of an entire Labor Condition Application (LCA) form, published by the DOL:

Case ID	This is Immigration Road's unique identifier, for easier tracking of millions of records. This number is not part of LCA. Everything else in this table comes directly from DOL.
Year	Fiscal Year
Case number	This is DOL's case number, in this format: I-123-12345-123456
Case status	CERTIFIED, DENIED, WITHDRAWN, or CERTIFIED-WITHDRAWN
Case submitted	Date when LCA application is submitted.
Decision date	Date when DOL makes a decision regarding the case.
Visa class	Classification of visa types: H-1B, H-1B1 Singapore, H-1B1 Chile, or E-3 Australian.
Employment start date	Beginning date of the H1 or E3 worker’s employment. LCA cannot be filed more than 6 months before employment start date.
Employment end date	End date of the H1 or E3 worker’s employment
Employer name	Employer's full legal name. An employer may be a person, association, firm, corporation, or organization. Full legal name is the exact same name reported to the IRS.
Employer business dba	Doing Business As (if a company is using another trade name other than their legal name).
Employer address	Street address of the employer's principal place of business. Note that this may not be where an H-1 employee will be working, see Work Site below.
Employer city
Employer state
Employer postal code	Zip code
Employer country
Employer province
Employer phone
Employer phone ext
Secondary entity	Whether the employer will be placing the foreign worker with another entity.
Secondary entity name	If yes, what's the second entity's legal business name, including DBA name if available.
Agent representing employer	Whether the employer is represented by an immigration attorney or agent. Employers may choose to file LCA by themselves.
Agent attorney name
Agent attorney city
Agent attorney state
Job title	Company's internal job title for the H1 applicant. If a single LCA is filed on behalf of multiple nonimmigrant workers, their job titles must be the same. Otherwise a separate LCA must be submitted.
SOC code	Six-digit Standard Occupational Classification (SOC)/Occupational Network (O*NET) code for the occupation,
SOC name	Job title associated with the SOC/O*NET code above.
NAICS code	Four to six-digit North American Industry Classification System (NAICS) code that best describes the employer’s business, not the nonimmigrant worker's job.
Total workers	Total number of positions being requested on this form.
New employment	Next six fields are used to break down the total number, based on USCIS I-129 classifications.
Continued employment
Change previous employment
New concurrent emp
Change employer
Amended petition
Full time position	Generally, full-time employment means over 35 hours per week. Full-time and part-time jobs cannot be combined on a single LCA.
Prevailing wage	Prevailing wage
PW unit of pay	Whether rage of pay is per hour, week, bi-week (every two weeks), month, or year
PW wage level
PW wage source	The source of prevailing wage determination, such as Prevailing Wage Determination (PWD) or Occupational Employment Statistics (OES). Must choose only one source.
PW source other	Another legitimate source (other than OES) or an independent authoritative source.
Wage rate of pay from	Actual wage to be paid to the nonimmigrant worker. Must be greater than or equal to prevailing wage.
Wage rate of pay to	Maximum wage, if entered as a range.
Wage unit of pay	Whether rage of pay is per hour, week, bi-week (every two weeks), month, or year
H1b dependent	Whether an employer is designated as H-1B Dependent, determined by the ratio of H-1B employees (both full-time and part-time) vs total workforce: If an employer has a total of 1-25 full-time equivalent employees in the U.S., but 8 or more of them are H-1B workers, the employer is considered H-1B dependent. For 26-50, the threshold becomes 13 or more. For a total workforce of 51 or more employees, 15% or more is the threshold.
Willful violator	The employer is a willful violator if the employer has been found during the five (5) years preceding the date of the application (and after October 20, 1998) to have committed a willful violation or a misrepresentation of a material fact.
Support h1b	If an employer answers "Yes" to either Willful Violator or H-1B Dependent, they must indicate whether they're using this form only to support petitions or extensions for EXEMPT H-1B filings.
Statutory basis	If "Yes" to previous question, what is the basis for an exemption. Annual wage, Master's Degree or higher, or both.
Labor con agree

References:
LCA information released by the Department of LaborLCA Database: Search Labor Condition LCA Database: Search Labor Condition Application by Case Number - H1B Sponsors, Jobs, and Salaries (immigrationroad.com)

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