Who sets the wage in the LCA?

The wage listed on the Labor Condition Application (LCA) is set by the employer, but not freely: the amount must meet or exceed the prevailing wage for the position in the location where the work will be performed.

The LCA is the certification filed with the U.S. Department of Labor (DOL) as part of the H-1B petition process, and it is designed to protect both the foreign professional and local workers. By submitting it, the employer commits to paying at or above market standards for that role and region.

The prevailing wage is determined using recognized compensation data sources accepted by the DOL. An offer that falls below that threshold can jeopardize the certification and, consequently, the entire petition.

Because wage parameters and accepted data sources are updated periodically, it is worth confirming current requirements with the DOL or with an immigration professional before finalizing the offer.

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Victoria Harper

Editor-in-Chief

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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.