What is the role of the Department of Labor in the H-1B process?

In the H-1B process, the Department of Labor acts even before the petition reaches USCIS, at the stage that protects working conditions. Its central role is to certify the Labor Condition Application (LCA), the document in which the employer makes commitments regarding wages and job conditions.

The idea behind this certification is to prevent the hiring of a foreign professional from undercutting the local labor market. In practice, this translates into the following points:

• Confirming that the offered salary meets the standard for the role and the region (known as the prevailing wage).
• Ensuring that working conditions are fair and do not harm those already working in the same field.
• Recording the employer’s commitments before the petition moves on to the immigration stage.

For this reason, the Department of Labor certification is a prerequisite the employer must meet carefully for the H-1B to move forward. To understand exactly what applies to your situation, it is worth reviewing the official guidance from the Department of Labor and USCIS.

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.