Yes. In the H-1B process, submitting and obtaining approval of the LCA (Labor Condition Application) is mandatory. More than a simple registration, it is a certification that the employer must secure before moving forward.
The employer submits the LCA to the U.S. Department of Labor (DOL) before filing the petition with USCIS. Through this document, the company commits to offering the foreign worker wage and working conditions comparable to the local market, ensuring the hire does not disadvantage domestic workers.
In practice, the LCA serves a dual protective role:
- It ensures the foreign worker receives a wage aligned with the standards for the role and region.
- It protects the local labor market against below-standard conditions.
- It demonstrates the employer’s compliance with the rules prior to the petition.
Because this is a mandatory step subject to details that may change, it is worth confirming the current requirements at the official source (DOL and USCIS) or with a specialist before getting started.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
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.