How to Read Your LCA and Find the Correct Wage Level

For many H‑1B and other work visa holders, the Labor Condition Application (LCA) is the first place to check if your pay meets U.S. rules. The core rule is simple: your employer must pay at least the higher of the prevailing wage or the actual wage for your job. The LCA also ties this pay to Wage Levels (1 to 4), which show how complex and senior your position is.

Below is a clear, step‑by‑step path to read your LCA, find your wage level, and know what to expect at each stage.

Step 1: Get a Copy of Your Certified LCA

Before anything else, you need the actual certified LCA that was filed for your role.

• Ask your employer or immigration lawyer for a copy of the certified ETA Form 9035 used for your petition.
• Employers file this form through the Department of Labor’s FLAG system. The form itself is described on the DOL site under foreign labor forms.

What you should do:
Politely request a full copy (all pages). You’re allowed to see it; in fact, employers must keep it for public inspection.

What authorities do at this stage:
The Department of Labor (DOL) reviews the LCA mainly for completeness and basic compliance, not for individual case arguments. Approval of the LCA doesn’t mean they confirmed every detail is perfect, so you still need to check your data carefully.

Step 2: Find the Prevailing Wage Section

On the LCA, look for the part that lists the prevailing wage and its source.

• Prevailing wage is the average wage paid to workers in the same occupation, with similar skills, in the same local area.
• It’s usually based on data from the Occupational Employment Statistics (OES) survey or another accepted survey.
• You’ll see a specific dollar amount and often an hourly, weekly, or yearly rate.

You can see more about how the DOL sets wages on its official wage guidance page.

What you should do:
Write down:

• Job title and SOC/O*NET code
• Work location (city, state, sometimes county)
• Prevailing wage amount and whether it’s hourly or yearly
• The listed wage source (for example, “OES”)

This amount is the minimum baseline for your role in that location.

Step 3: Identify Your Wage Level (1 to 4)

Near the prevailing wage number, the LCA should list Wage Level 1, 2, 3, or 4.

These Wage Levels (1 to 4) reflect how advanced the job is:

How the level is chosen:
The employer (or sometimes DOL during a separate prevailing wage request) compares the minimum requirements of the job to DOL guidance, using:

• Required education
• Required years of experience
• Any special skills, tools, or certifications
• Supervisory or managerial duties
• Overall complexity and independence

They use resources like O*NET job descriptions and the DOL’s “Worksheet for Use in Determining OES Wage Level” to assign the level.

What you should do:
Confirm that the listed wage level matches what the job truly requires. For example, if the role needs five years’ experience and involves leading others, a Level 1 wage is a red flag.

Step 4: Check the Offered Wage Against Prevailing and Actual Wage

The law requires employers to pay the higher of:

• The prevailing wage (from the LCA), or
• The actual wage.

The actual wage is the wage the employer already pays to other workers in the same job, with similar experience and qualifications, inside the same company.

On your LCA you should see:

• The offered wage for your job
• The prevailing wage and wage level

What you should do:

1. Confirm the offered wage is equal to or higher than the prevailing wage for your wage level and location.
2. If you know what co‑workers in the same role earn, check whether your pay is not lower than the usual actual wage inside the company.

Employers must keep records explaining how they set the actual wage, even if you never see that internal worksheet.

According to analysis by VisaVerge.com, wage disputes often arise when the offered salary is barely at the prevailing wage or when the wage level is set lower than the true job requirements.

Step 5: Compare Wage Level With Your Real Duties

This is where many workers spot problems.

Review:

• The job description in your offer letter
• The duties listed in the H‑1B support letter, if you have it
• The requirements listed in the LCA (such as degree and years of experience)

Ask yourself:

• Do your daily tasks look like entry‑level work (Level 1), or more like independent, experienced work (Level 3 or 4)?
• Do you supervise others, manage budgets, or make major decisions? That usually fits Level 3 or Level 4.
• Is the minimum requirement really just a bachelor’s degree with no experience, or is that not realistic?

What you should do:
If you see a big gap between your real responsibilities and the wage level, speak with your employer or lawyer. A job that truly needs advanced skills but is paid at Level 1 may draw extra attention in later reviews.

Step 6: Expected Timeframes and Process Stages

Here’s how wage issues fit into the bigger visa process:

1. Before filing the LCA (1–3 weeks for employers)
   • Employer designs the job description and decides the required education and experience.
   • They pick the SOC/O*NET code, set the prevailing wage and wage level, and choose the offered wage.
2. LCA filing and certification (about 7 days from DOL)
   • Employer submits ETA Form 9035 through FLAG.
   • DOL usually certifies or denies within about a week, unless there are system problems.
   • You don’t act here, but your future pay depends on this step.
3. USCIS petition stage (several weeks to many months)
   • Your employer files the H‑1B or other petition with USCIS, attaching the certified LCA.
   • USCIS may issue a Request for Evidence (RFE) if the wage level seems too low for the job description.
4. After approval and during employment (ongoing)
   • You’re supposed to receive the wage listed, at least equal to the prevailing wage for your level.
   • If you change locations or roles, the employer may need a new LCA with a new prevailing wage and possibly a different wage level.

Step 7: What Happens If the Wage Looks Wrong

If your wage seems below the required level:

• Talk internally first. Ask HR or your manager to explain how they set the prevailing wage, wage level, and actual wage.
• Get legal advice from an immigration lawyer if answers don’t make sense.
• In serious cases, workers can contact the DOL’s Wage and Hour Division, but that’s a big step and may affect the job relationship.

For employers, getting this wrong can lead to:

• Back wage orders
• Civil fines
• Limits on filing future LCAs

That’s why careful, honest setting of prevailing wage, actual wage, and wage levels is in everyone’s interest.

Key takeaway: If the wage level or offered salary doesn’t match the actual job requirements, raise it with HR or counsel early — resolving it sooner avoids bigger problems later.

Step 8: Final Self‑Check Before You Start Work

Before or soon after you start:

• Confirm prevailing wage, wage level, and offered wage on the LCA.
• Make sure your pay stubs match or exceed that offered wage.
• Keep a personal copy of the LCA, offer letter, and any role descriptions.

If your job changes a lot over time — more duties, leadership, or different location — ask whether your LCA and wage level still match your real role. That careful check helps protect your status and your pay.