To check an LCA case status, go to the Department of Labor’s Foreign Labor Application Gateway at flag.dol.gov/case-status-search and enter the case number from the top of ETA Form 9035 or 9035E. The system returns one of four results: In Process, Certified, Denied, or Withdrawn.1Foreign Labor Application Gateway. Case Status Search No login is required for the basic lookup.
How to Look Up an LCA on FLAG
The FLAG case status search is the only official public tool for this. You can paste up to 30 case numbers at once, one per line. Each case number follows the format G-100-12345-123456, starting with the letter G and then groups of digits separated by hyphens. That number sits at the top of ETA Form 9035 or 9035E, the official Labor Condition Application document.
If you’re the foreign worker rather than the employer, you won’t have the case number on hand. Ask your employer or the attorney who filed the petition for a copy of the ETA Form 9035. The public results page does not display the employer’s Federal Employer Identification Number, the worker’s name, or the attorney’s bar information, so you can’t search by name.2U.S. Department of Labor. Performance Data Employers and their authorized representatives who filed through FLAG can also sign into a secure dashboard for more detailed case information.
What Each Status Means
In Process. The application is under active review by the DOL’s certifying officer, who is checking that the form is complete, the wage data is accurate, and there are no obvious errors. Nothing is required of the employer at this stage.
Certified. The DOL has approved the application. The employer still has to print and sign the certified LCA before it becomes a valid document, then file it with the H-1B, H-1B1, or E-3 petition submitted to USCIS.3eCFR. 20 CFR 655.740 – What Is the Process for Filing a Labor Condition Application
Denied. The certifying officer found the form incomplete or containing obvious inaccuracies, and the uncertified application is returned to the employer. Common triggers include a wage rate below the prevailing wage, missing fields, an unverifiable Federal Employer Identification Number, or a filing by an employer disqualified from the H-1B program.3eCFR. 20 CFR 655.740 – What Is the Process for Filing a Labor Condition Application There is no formal appeal. The employer’s remedy is to fix the errors and file a new application. Because DOL review is a completeness check rather than a substantive investigation, corrected refilings usually move through quickly.
Withdrawn. The employer voluntarily cancelled the application. An employer can withdraw a certified LCA at any time, provided the foreign worker is not currently employed under it and no enforcement investigation is underway.
How Long Certification Takes
The DOL’s certifying officer must issue a decision or return the application within seven working days of receiving it.3eCFR. 20 CFR 655.740 – What Is the Process for Filing a Labor Condition Application The clock runs on business days, so weekends and federal holidays don’t count. Many LCAs come back faster, but seven working days is the regulatory ceiling for routine cases.4Foreign Labor Certification (FLAG). Labor Condition Application Specialty Occupations with the H-1B, H-1B1 and E-3 Programs
The most common reason a case sits longer is that the DOL cannot verify the employer’s Federal Employer Identification Number. This tends to hit newer companies and first-time filers. Initial FEIN verification can add roughly three to four business days on top of the standard window. If the FEIN cannot be verified at all, the LCA is denied.5U.S. Department of Labor. Frequently Asked Questions on LCAs for H1B
Fixing a FEIN-Based Denial
If your LCA was denied because the FEIN couldn’t be verified, email proof to the DOL’s Chicago National Processing Center at LCA.Chicago@dol.gov with the subject line “LCA Business Verification Team – Proof of Valid FEIN.” Include a copy of the denial email and at least one document showing the company name and FEIN. Acceptable documents include the original IRS assignment letter, a pre-printed federal or state tax return, articles of incorporation, or bank documents displaying the FEIN. The DOL advises against filing any new LCAs until the Chicago office confirms the FEIN has been verified.
After a Certified Status
A “Certified” result is not the finish line. The employer has to print and sign the certified LCA; an unsigned electronic form is not a valid document, even after DOL certification.3eCFR. 20 CFR 655.740 – What Is the Process for Filing a Labor Condition Application The signed LCA is then filed with Form I-129 at USCIS as part of the H-1B, H-1B1, or E-3 petition.6U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker
A certified LCA is valid for the period of employment listed on the form. That period cannot exceed three years for H-1B and initial H-1B1 workers, or two years for E-3 and H-1B1 extension workers, and the validity period does not begin until the date of certification.7eCFR. 20 CFR 655.750 – What Is the Validity Period of the Labor Condition Application Separate posting, worker-notification, and public access file obligations also attach once the LCA is filed, but those sit outside the status lookup itself.