Who must receive the notice?

The notice must be made available to employees at the affected worksite and to any collective bargaining representative. Provide evidence of distribution and retain records for review.

When must the notice be posted?

Post the notice in a conspicuous location for the period required by DOL guidance, typically for at least 10 business days before or concurrent with filing the related petition.

Can I provide the notice electronically?

Electronic distribution is commonly used but must produce verifiable delivery and access records. Maintain receipts, click-through evidence, or email delivery logs to demonstrate compliance.

What proof of posting should I keep?

Keep dated photographs, distribution logs, email delivery receipts, and any signed employee acknowledgements to show when and where the notice was available.

Does eSignature make the notice valid?

Electronic signing and retention are acceptable when they meet ESIGN and UETA standards for intent, consent, attribution, and reproducibility. Preserve the audit trail and access records.

Who should sign the notice?

An authorized company representative or HR official should sign and date the notice. If a signature is collected, ensure it is attributable and retained with the audit record.

Electronic Signature
Templates
HR
LCA Employment Notice

LCA Employment Notice

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LCA EMPLOYMENT NOTICE

This notice is provided to employees at the worksite to inform them that the employer listed below has filed a Labor Condition Application (LCA) seeking authorization for employment of a foreign national. The employer attests that terms and conditions of employment, including wage rate and working conditions, will be no less favorable than those provided to other employees in similar positions at the worksite. Questions or concerns may be directed to the employer contact listed below.

Employer Information

Employer Legal Name Employer Business Address

Employer Contact:

Contact Phone:

Contact Email:

Worksite and Position Information

Job Title: SOC Code (if known):

Worksite Location

Wage Rate: Wage Unit: Prevailing Wage Source:

Period of Employment Start: End: Number of Positions:

Position Type: Full-time Part-time Temporary/Fixed Term

Principal Duties / Job Description Minimum Qualifications / Education / Experience

Notice Posting and Recruitment

Notice Posting Start Date: End Date:

Location(s) of Internal Posting

Employer Attestations

The employer attests to the following: (1) the wage offered is not less than the required wage for the position; (2) employment of the beneficiary will not adversely affect the working conditions of employees similarly employed; (3) no strike, lockout or work stoppage exists at the place of employment; and (4) the employer will maintain records that document the wage rate and other terms and conditions of employment for the period required by applicable law.

Employer Representative Preparing Notice:

Employer Representative Title: Phone:

Employee Acknowledgement and Personal Information

Please complete the following to acknowledge receipt of this notice. Completion of these fields is for employer records and does not in itself constitute an offer of employment unless otherwise specified in separate documentation.

Full Legal Name Personal Address

Phone:

Email:

Position Information for Acknowledgement

Acknowledged Position Title: Worksite Acknowledged:

Employment History

Employer 1

Title Held:

Dates Employed:

Primary Responsibilities Reason for Leaving

Employer 2

Title Held:

Dates Employed:

Primary Responsibilities Reason for Leaving

Education

Highest Degree Earned Institution Graduation Date

References (Professional)

Reference 1

Phone:

Email:

Reference 2

Phone:

Email:

Reference 3

Phone:

Email:

Legal Disclosures

At-Will Employment: Nothing in this notice or in any discussion concerning the Labor Condition Application alters the at-will employment relationship between the employer and the employee unless a separate written agreement signed by an authorized employer representative expressly states otherwise.

Equal Employment Opportunity: The employer is an equal opportunity employer. Employment decisions are made without regard to race, color, religion, sex, national origin, age, disability, or other protected characteristics under applicable law.

Applicant Certification and Authorizations

I certify that the information I have provided on this form is true and complete to the best of my knowledge. I understand that any material misstatement or omission may disqualify me from consideration for employment or may subject me to termination if employed.

Background and Reference Checks: I authorize the employer to contact my previous employers and listed references, and to obtain background information relevant to my employment authorization and suitability for the position. I understand that such checks may include verification of employment, education, and criminal history as permitted by law.

I authorize the employer to conduct background checks and contact previous employers and references as described above.

Additional Comments (optional)

Employee Printed Name:

Signature:

Date:

What the LCA Employment Notice Is and When It Applies

The LCA Employment Notice is an employer-provided statement used when filing a Department of Labor Labor Condition Application (LCA) in support of an H-1B or similar nonimmigrant work visa petition. It informs affected employees and bargaining representatives about the employer's intent to hire a foreign worker, the job title, wage offered, worksite location, and the period of employment. The notice must be posted or otherwise provided in accordance with DOL and USCIS procedural requirements so that current employees have an opportunity to review the terms before the petition is filed with USCIS.

Why a Clear LCA Employment Notice Matters

A properly prepared LCA Employment Notice meets federal posting and disclosure expectations, reduces the risk of LCA denial or audit, and documents the employer's compliance with required wage and worksite disclosures.

Who Prepares and Who Receives the Notice

Employers filing an LCA, human resources and immigration teams, and outside immigration counsel commonly prepare the notice to meet DOL/USCIS requirements.

Employers and HR teams: prepare and maintain the notice and supporting records.
Immigration counsel: review accuracy, wage levels, and timing before filing.
Employees and unions: receive posted notice or electronic equivalent and have time to review.

Current employees at the affected worksite and any recognized bargaining representative must receive the notice; recordkeeping and proof of distribution are essential.

Core Elements to Include in a Professional LCA Employment Notice

A comprehensive LCA Employment Notice is readable, contains all regulatory data points, and identifies a contact for questions. The following components ensure clarity and defensibility in audits or reviews.

Employer ID

Employer name and tax identification or employer registration number so recipients can clearly identify the petitioning entity and match records to the LCA filing.

Job Title

Exact occupational title and brief duties summary so employees understand the position being certified and how it compares to existing roles at the worksite.

Worksite Location

Full street address or clear description of the worksite(s) to satisfy posting location rules and to show where the foreign worker will perform duties.

Wage Information

Offered wage, prevailing wage source and level, and payment frequency so affected employees can verify adherence to required wage obligations.

Period of Employment

Start and end dates for the certified period, including any option for extension, so recipients can identify the covered timeframe of the certification.

Contact Details

Name, phone number, and email of the person responsible for LCA questions plus instructions for how employees may raise concerns or request copies.

Step-by-Step: Preparing and Posting the Notice

Follow these sequential steps to prepare the notice, post it correctly, and archive documentation ahead of filing the petition.

01

Assemble Details: Gather employer, job, location, wage, and date data before drafting.
02

Draft Notice: Populate fields clearly and include contact instructions for employee questions.
03

Post Notice: Post at the worksite or provide electronic notice consistent with DOL guidance.
04

Retain Records: Keep copies of postings, delivery logs, and any employee acknowledgements.

Where to File and How the Notice Relates to Filing

The LCA Employment Notice supports the LCA filing process. Employers should complete internal distribution before submitting the LCA through the DOL's electronic system and before filing the I-129 with USCIS.

Complete LCA: File the LCA via the DOL electronic portal per current instructions.
Keep Proof: Retain posting evidence to show compliance if audited.
File Petition: Use certified LCA when filing the I-129 with USCIS.
Respond to Audit: Provide notice and supporting documents promptly if DOL requests them.

Options for Distribution and eSubmission

Employers may use physical posting, hand delivery, or an electronic method that meets DOL/USCIS notice objectives and preserves proof of distribution.

File Formats: PDF or DOCX are accepted for records and archival; exportable PDFs preserve appearance and metadata.
Integrations: Use systems integrated with HR or case management, such as NetSuite or Microsoft 365, for consistent recordkeeping.
Audit Trail: Preserve timestamps, delivery receipts, and signer authentication evidence for compliance purposes.

Key Timing Rules and Filing Sequence

Timing affects compliance: post notices and obtain certified LCAs before submitting the visa petition, and retain posting records for the required period after the employment action.

Posting Duration:

Post the notice for at least 10 business days to allow employee review.

LCA Before I-129:

Obtain DOL certification of the LCA prior to filing the I-129 with USCIS.

Retention Start:

Start retention timing on the date of certification or employment action as applicable.

Respond to Audits:

Provide requested notice materials promptly when DOL or USCIS initiates a review.

Case-Specific Deadlines:

Follow any additional timing set by USCIS for petition filing or RFE responses.

Common Preparation Errors to Avoid

Incomplete wage details or mismatch with prevailing wage source can trigger LCA review and delay petition filing by requiring correction and refiling.
Listing an incorrect worksite address or failing to include each separate location may cause noncompliance findings on audit and require amended filings.
Insufficient proof of posting when using electronic notice methods—missing delivery receipts or lack of employee acknowledgement—leaves no documentation for auditors.
Using ambiguous job descriptions or inconsistent SOC codes can create discrepancies between the LCA and the I-129 petition that draw agency scrutiny.

Consequences of Incorrect or Missing Notices

Certification Denial: Possible denial of the LCA certification

Petition Refusal: USCIS may refuse related visa petitions

Civil Penalties: Fines and monetary sanctions

Back Wages: Obligation to pay retroactive wages

Debarment Risk: Programmatic restrictions on future filings

Reputational Harm: Damage to employer compliance standing

Supporting Documents to Keep with the Notice

Combine the notice with supporting records demonstrating wage determination, recruitment, and distribution to form an audit-ready package.

Certified LCA

Include a copy of the certified ETA Form 9035/9035E or DOL certification record used to file the petition.

Wage Documentation

Retain prevailing wage determinations, internal wage comparisons, and payroll records demonstrating compliance with the stated wage.

Distribution Records

Save photos of physical postings, email delivery receipts, click-through acknowledgements, and any signed employee acknowledgements.

Recruitment Files

Where required, keep job postings, advertisement dates, and recruitment activity logs used to justify recruitment efforts.

eSignature Vendor Comparison for Completing and Distributing Notices

Choose an eSignature provider that supports secure storage, audit trails, and the file formats your team uses. The table compares signNow with common alternatives.

	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 by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Premium plan)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About the LCA Employment Notice

Answers to common questions on preparation, posting, evidence retention, and digital signing to reduce uncertainty when completing and distributing the notice.

Need help? Contact support

Who must receive the notice?
The notice must be made available to employees at the affected worksite and to any collective bargaining representative. Provide evidence of distribution and retain records for review.
When must the notice be posted?
Post the notice in a conspicuous location for the period required by DOL guidance, typically for at least 10 business days before or concurrent with filing the related petition.
Can I provide the notice electronically?
Electronic distribution is commonly used but must produce verifiable delivery and access records. Maintain receipts, click-through evidence, or email delivery logs to demonstrate compliance.
What proof of posting should I keep?
Keep dated photographs, distribution logs, email delivery receipts, and any signed employee acknowledgements to show when and where the notice was available.
Does eSignature make the notice valid?
Electronic signing and retention are acceptable when they meet ESIGN and UETA standards for intent, consent, attribution, and reproducibility. Preserve the audit trail and access records.
Who should sign the notice?
An authorized company representative or HR official should sign and date the notice. If a signature is collected, ensure it is attributable and retained with the audit record.

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