Does the EB-3 require an LCA (Labor Condition Application) like the H-1B?

No. The EB-3 does not use the Labor Condition Application (LCA), which is a step specific to the H-1B. Both are employment-based processes, but they go through different labor market protection instruments in the United States.

With the H-1B, the employer files the LCA, a document in which it commits to compensation levels and working conditions before petitioning for the visa. With the EB-3, the equivalent step is PERM labor certification, conducted by the employer with the Department of Labor, in which the employer demonstrates, among other things, that no qualified and available U.S. worker was found for the position and that the compensation is in line with the prevailing wage for the role.

• H-1B: uses the LCA as the local labor market protection step.
• EB-3: uses PERM labor certification, which is more comprehensive because it involves permanent residence.
• Both aim to protect U.S. workers, but with different requirements and procedures.

Because these procedures may change and each case has its own specifics, confirm the current requirements with the official source (USCIS and the Department of Labor) or with a specialist before starting the process.

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Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.