Your employer just sent you a PDF titled something like ETA-9035-Certified. Maybe it is for a new H-1B transfer. Maybe it is an extension tied to a new client assignment. You skim it, see a stamp that says CERTIFIED, and move on.
Do not move on yet. This single page tells you your job title, your wage floor, your visa classification, and the address where the Department of Labor believes you are working. If that last part does not match where you actually sit, you need to ask a question before you show up on-site Monday.
This is a ten-minute read exercise, not a legal deep dive. General information only, not legal advice; confirm your specific situation with a licensed immigration attorney before you act on anything below.
What the LCA Actually Is, and What It Is Not
The Labor Condition Application, Form ETA-9035 or the electronic ETA-9035E, is filed by your employer with the Department of Labor before an H-1B or E-3 petition is submitted to USCIS. DOL reviews it for completeness and certifies it, typically within about seven business days when there are no errors flagged by the system.
Certification is not approval. DOL certifying your LCA only means your employer made a set of wage and working-condition attestations in the correct format. The actual petition, Form I-129, still has to be filed with USCIS and approved before your status changes. Treat the certified LCA as the foundation the petition is built on, not the finish line.
The Fields That Actually Matter to a Consultant
The form has several sections, but you really only need five of them. Field labels can shift slightly between form revisions, so match these against whatever current ETA-9035 you were given.
| Field | Where to find it | Why you check it |
|---|---|---|
| Job title and SOC code/title | Occupational information section | Determines prevailing wage pool and whether your actual duties match what was filed |
| Visa classification | Occupational information section | Confirms this LCA supports H-1B, H-1B1, or E-3, not a different category |
| Requested period of employment | Occupational information section | Begin and end dates should bracket your expected assignment, including any extension buffer |
| Wage rate and wage level | Wage information section | The rate from/to and wage level (I through IV) set your legal wage floor |
| Worksite address | Place of employment / worksite location section | Must match the city, county, and state where you physically perform the work |
Worksite Address Versus Where You Are Actually Sitting
This is the field consultants get burned on. The LCA lists a specific worksite address, or multiple worksite addresses if your assignment covers more than one location, along with the area of intended employment used to calculate the prevailing wage.
If your staffing firm placed you at a client site that is not listed on your current certified LCA, that is not a paperwork technicality. A new worksite outside the area covered by your existing LCA is generally a material change. Under the Simeio Solutions guidance that USCIS and DOL follow, a material change in worksite location typically requires a new, certified LCA and an amended H-1B petition filed before you begin work at the new site, not after.
If you notice a mismatch, do not assume someone will catch it later. Ask your employer directly:
- Has an amended LCA been filed for this new worksite, and is it certified yet?
- Has an amended I-129 petition been filed with USCIS, or only the LCA?
- What is the effective date, and can I start work at the new site before that date?
- Is the new worksite address inside or outside the area of intended employment on my current LCA?
A short move within the same metropolitan statistical area sometimes does not require a new filing. A move to a different city, county, or state almost always does. This is exactly the kind of judgment call to run past your attorney, not your account manager.
Wage Level and Rate of Pay: What to Actually Verify
The wage section lists a rate of pay range, a pay unit such as hourly or annual, the prevailing wage for your SOC code and area, and a wage level from I to IV. Level I generally reflects entry-level duties with limited independent judgment; Level IV generally reflects senior, highly independent work. Your actual day-to-day responsibilities should reasonably track the level your employer attested to.
Your employer is legally required to pay you at least the higher of the prevailing wage listed or the actual wage paid to similarly employed workers at the company, for the full period your LCA covers. This includes employer-caused non-productive time, such as being benched between client assignments through no fault of your own. Being between projects is not, on its own, a reason your required wage stops.
If your pay stub rate sits below the rate on your LCA, that is worth raising immediately, in writing, with your employer.
The Attestations: What Your Employer Promised DOL
Beyond wages, the LCA contains attestations your employer signed under penalty of perjury. In plain terms, the employer attests that:
- The required wage will be paid for the full period of authorized employment.
- Working conditions for H-1B workers will not adversely affect those of similarly employed US workers.
- There is no strike or lockout in the relevant occupation at the worksite.
- Notice of the LCA filing has been given to employees, typically by posting at the worksite or through electronic notice.
These attestations are the legal backbone of the whole filing. If the posted notice, the worksite address, and your lived reality do not line up, that gap is worth a direct, documented conversation with your employer before it becomes someone else's compliance problem, or yours.
A Quick Pre-Assignment Checklist
- Pull the most recent certified LCA your employer has on file for you.
- Confirm the SOC code and job title still match your actual duties.
- Confirm the requested period of employment covers your current assignment dates.
- Confirm the wage rate on the LCA is at or below what you are actually being paid.
- Confirm the worksite address matches the client site you report to, including city and state.
- If anything does not match, ask about amended filings before your first day at a new site, not after.
If you want a second set of eyes on your LCA or a worksite question before your next assignment starts, the Josh Pros LLC team is glad to talk it through. Reach out at contact@joshpros.com or visit https://joshpros.com.
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This is general information, not legal advice. Immigration rules change and outcomes depend on your individual circumstances. Confirm anything that affects your case with a licensed immigration attorney.
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