What happens if an employer fails to comply with the LCA?

The Labor Condition Application (LCA) is the commitment an employer makes to the Department of Labor when sponsoring an H-1B: to pay the prevailing wage for that role and location and to maintain the declared working conditions, so as not to harm the local labor market or the foreign worker.

When that commitment is not honored, the employer may be subject to investigation and sanctions by the Department of Labor. Consequences range from administrative penalties to restrictions that can, in some cases, jeopardize the approval of new H-1B petitions.

There is also an indirect effect: non-compliance damages the company’s relationship with government agencies and can weigh against future visa applications or the hiring of other foreign professionals. For the worker, knowing one’s own rights under the LCA helps to recognize when something is not as agreed.

The specific rules and penalties are defined by regulation and evaluated on a case-by-case basis. It is therefore advisable to check the latest guidance from the Department of Labor and USCIS, or consult a specialist, rather than relying on promises of easy solutions.

About the author

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.