Can an LCA be signed electronically?

Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where applicable, provided intent to sign, consent, attribution and retention requirements are satisfied.

Who must sign the LCA?

An authorized employer representative with authority to bind the employer must sign and attest to the statements on the LCA; counsel may prepare but should not sign unless authorized.

How long should I keep LCA records?

Retain certified LCAs and supporting evidence for at least three years from certification or longer if industry or state rules require extended retention.

What if I discover an error after filing?

Correct material errors by filing a new LCA if required and document steps taken; consult counsel for cases that may affect USCIS petitions.

Are notarization or witnesses required?

The LCA itself is a federal filing and does not generally require notarization or witnesses; follow state or company policies for internal approvals.

How do I revoke or cancel an LCA?

Contact the Department of Labor and retain documentation of the cancellation; revocation timing and effects depend on the stage of the related immigration petition.

Electronic Signature
Templates
HR
LCA Certification Form

LCA Certification Form

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LCA CERTIFICATION FORM

Personal Information

Full Legal Name Current Address

Phone Number

Email Address

Position Information and LCA Details

Employer Name:

Job Title Department

Reporting Manager:

Proposed Start Date

Period of Employment (From)

Period of Employment (To)

Worksite Address

Offered Wage (per year)

Wage Rate Basis

Employment History (Most Recent Two Employers)

Employer 1 — Company Name

Primary Responsibilities Reason for Leaving Employer 2 — Company Name

Primary Responsibilities Reason for Leaving

Education

Highest Degree Institution Graduation Date

References (Professional)

Reference 1

Reference 2

Reference 3

Legal Disclosures and Attestations

At-Will Employment: The parties acknowledge that unless otherwise agreed in a separate written contract signed by an authorized representative of the employer, employment is on an at-will basis and may be terminated by either party at any time, with or without cause or prior notice.

Equal Opportunity Statement: Employer affirms its commitment to equal employment opportunity and non-discrimination in hiring and employment practices.

LCA-Specific Employer Attestations (To be completed by employer representative)

By completing this form the employer attests the following statements under penalty of law:

The offered wage meets or exceeds the prevailing wage for the occupational classification in the area of employment and will be paid for the entire certified period.
The employment of the foreign national will not adversely affect the working conditions of similarly employed workers at the place of employment.
The employer has posted required notices of the certified employment and/or provided electronic notice to affected employees as required by internal practice and record retention policies.
The employer has conducted required recruitment steps and maintained records documenting recruitment, hiring decisions, and any non-immigrant hiring preferences for the certified position.
The employer will maintain public access file and other records demonstrating compliance for the period of retention required by applicable law and internal policy.

Employer Representative Name Employer Representative Title Employer Business Address

Applicant Certifications and Authorizations

I certify that the information I have provided in this form is true, correct, and complete to the best of my knowledge. I understand that knowingly making a false statement or misrepresentation in this document may subject me to disciplinary action, including termination, and civil or criminal penalties where applicable.

I authorize the employer and its authorized representatives to contact my prior employers, educational institutions, and professional references for verification of information provided. I further authorize the employer to obtain background checks and to use the results of such checks in employment decisions, consistent with applicable law.

Applicant Acknowledgement

Declaration of Accuracy

I understand that the employer relies on the accuracy of the information provided in completing labor condition documentation. By signing below I declare under penalty of perjury that the statements contained in this form are true and correct, and I consent to the release of information for purposes of verification and compliance review.

Employee Printed Name:

Signature:

Date:

What the LCA Certification Form Is

The LCA Certification Form (Labor Condition Application, commonly filed as ETA-9035/9035E) is the Department of Labor filing employers use to attest to wage, working-condition, and notice requirements when sponsoring temporary nonimmigrant workers. It documents prevailing wage, worksite location, job title and hours, and employer attestations that hiring the foreign worker will not adversely affect U.S. workers. The LCA is a compliance document used for H-1B, H-1B1 and E-3 petitions and must be completed accurately, posted to employees or provided electronically, and retained per federal recordkeeping expectations.

Why Accurate LCA Certification Matters

A correct LCA protects both the employer and worker by documenting prevailing wage compliance, worksite conditions, and required notices. It supports subsequent USCIS petitions and helps avoid enforcement actions under federal immigration and labor statutes.

Who Prepares and Signs an LCA

Employers, HR professionals, immigration counsel, and authorized company officers commonly prepare and certify LCAs before filing.

Employers and HR teams — Prepare wage, job and worksite details; maintain posting and records.
Immigration attorneys — Review attestations, align LCA with I-129 petitions and supporting evidence.
Authorized signatory — Company officer or authorized agent who legally binds the employer by attesting to the statements.

Responsibility typically rests with the hiring employer; counsel often reviews for accuracy and consistency with USCIS petition materials.

Core Elements Included in a Professional LCA

A professional LCA captures required employer details, job specifics, wage and prevailing-wage evidence, attestations about working conditions, notice procedures, and recordkeeping commitments.

Employer Information

Legal business name, Employer Identification Number (EIN), mailing address, and point of contact for the filing and recordkeeping.

Job Details

Position title, SOC code, duties summary and minimum education/experience required for the offered position.

Wage Information

Offered wage, prevailing wage source and level, pay frequency, and any fringe benefits or allowances declared.

Worksite Locations

Complete street addresses for principal and secondary worksites where the beneficiary will perform duties.

Required Attestations

Employer certifies non-displacement of U.S. workers, compliance with wage obligations, and that working conditions will not be adversely affected.

Posting & Notice

Method of providing notice to affected employees (physical posting or electronic notice), dates of posting, and documentation of notice.

Step-by-Step: Completing the LCA

Follow a clear sequence: gather documentation, complete fields, provide required notice, submit to the DOL, and retain records for compliance and audits.

01

Gather Documents: Collect EIN, job description, pay records, and prevailing wage support.
02

Fill the Form: Complete all fields accurately, using MM/DD/YYYY for dates.
03

Post Notice: Provide employee notice physically or electronically for the required period.
04

Submit to DOL: File electronically through the Department of Labor filing system and retain the certified copy.

Configuring an Online LCA Workflow

Configure e-filing and reviewer steps so each party completes only required fields and notices are automatically recorded.

Field	Configuration
Signature Method	eSignature with audit trail and date stamp
Authentication Level	Email + optional SMS code or ID check
Field Mapping	Map HR system fields to LCA form fields
Retention Policy	Automate storage for required federal retention period

Where to File and How the Submission Flows

LCA submissions are made to the U.S. Department of Labor's electronic filing system. Maintain certified copies and supporting records after approval.

Prepare Filing: Assemble form and supporting wage documentation.
File Electronically: Submit through the Department of Labor online portal.
Receive Certification: Download certified LCA and attach to USCIS petitions.
Retain Records: Keep copies for federal retention and audit.

How Digital Signing and Distribution Fit the LCA

Electronic completion and eSignatures speed workflows and create auditable records when configured to meet legal standards.

File Formats: PDF and Word (DOCX) supported
Integrations: Salesforce, NetSuite, Google Workspace compatibility
Security Standards: TLS transport and AES-256 at rest

Key Timing Rules and Processing Expectations

Follow posting and filing timelines closely; processing expectations and posting periods affect when you can use the certified LCA with USCIS filings.

Employee Notice Period:

Provide notice for at least 10 business days before or soon after filing.

LCA Validity Period:

An approved LCA typically covers the employment dates specified, often up to three years.

Processing Expectations:

DOL typically issues certification through its online system if no audit flags are present.

Use with USCIS:

Attach certified LCA to I-129 or other relevant petitions as required.

Record Retention Start:

Retention obligations begin on the LCA certification date or employment start date.

Milestones: From Preparation to Certified LCA

Track four primary milestones to maintain compliance and align LCA timing with visa petitions and internal HR changes.

01

Documentation Ready

Collect wage surveys, job description and EIN before starting the LCA.

02

Notice Posted

Provide employee notice and retain proof of posting for the required period.

03

DOL Submission

File the LCA electronically and monitor for requests or audits.

04

Certification Received

Download and attach certified LCA to USCIS petitions and retain the record.

Common Mistakes to Avoid When Preparing an LCA

Incorrect EIN or employer name mismatches with IRS records, causing processing delays and requests for clarification.
Using an incorrect SOC code or vague job description that misaligns with prevailing wage determinations.
Failing to document or retain proof of employee notice posting, which can lead to enforcement scrutiny.
Entering incorrect employment dates or wage rates that do not match pay records and tax filings.

Consequences of an Incorrect or Incomplete LCA

Back Wage Liability: Employer may be required to pay back wages if underpayment is found

Civil Penalties: DOL can assess monetary penalties for violations

Debarment Risk: Serious violations can lead to program debarment

USCIS Petition Impact: An uncertified or inconsistent LCA can delay or invalidate USCIS filings

Recordkeeping Exposure: Failure to retain records may result in adverse audit outcomes

Criminal Referral: Intentional fraud can be referred for criminal prosecution

Comparing eSignature Providers for LCA Workflows

Electronic signature providers differ on price, bulk send, compliance support, and envelope limits. Below is a concise vendor comparison to inform eSignature selection for LCA certifications and supporting documents.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions About the LCA Certification Form

Answers to common questions about electronic signatures, filing, retention, and corrections for LCA certification.

Need help? Contact support

Can an LCA be signed electronically?
Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where applicable, provided intent to sign, consent, attribution and retention requirements are satisfied.
Who must sign the LCA?
An authorized employer representative with authority to bind the employer must sign and attest to the statements on the LCA; counsel may prepare but should not sign unless authorized.
How long should I keep LCA records?
Retain certified LCAs and supporting evidence for at least three years from certification or longer if industry or state rules require extended retention.
What if I discover an error after filing?
Correct material errors by filing a new LCA if required and document steps taken; consult counsel for cases that may affect USCIS petitions.
Are notarization or witnesses required?
The LCA itself is a federal filing and does not generally require notarization or witnesses; follow state or company policies for internal approvals.
How do I revoke or cancel an LCA?
Contact the Department of Labor and retain documentation of the cancellation; revocation timing and effects depend on the stage of the related immigration petition.

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