The Notice of Filing is the notice that the employer must post at the worksite when submitting the Labor Condition Application (LCA) to the United States Department of Labor, a step that precedes the H-1B petition. It informs co-workers that a position will be filled by a foreign national worker under specific conditions.
The rationale behind the notice is transparency: by making the terms of the offer public, the process allows employees at the worksite to become aware of the conditions declared in the LCA, such as the job title, worksite address, and promised wage. It is a way to protect both the local workforce and the integrity of the hiring process.
- It is posted visibly at the worksite or communicated through an equivalent electronic means.
- It informs that the employer has submitted or intends to submit the LCA to the Department of Labor.
- It remains available for a period so that interested parties can review it.
Failing to comply with this requirement can jeopardize the process and expose the employer to scrutiny. Since rules and timelines may change, it is worth checking the latest guidance on the official USCIS and Department of Labor websites or consulting a specialist before submitting the petition.
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.