LCA Filing and I-9 Compliance: The Employer's Complete Checklist

Every Labor Condition Application (LCA) your company files means at least one foreign worker who needs a completed Form I-9 and, in many cases, an E-Verify case. Most employers treat these as separate workstreams — immigration counsel handles the LCA and visa petition, while HR handles employment verification. That disconnect is where compliance failures happen.

This guide connects the two. If you file LCAs for H-1B, H-1B1, or E-3 workers, here is everything you need to know about the Form I-9 and E-Verify obligations that come with them.

What Is a Labor Condition Application?

A Labor Condition Application (Form ETA-9035) is a filing that employers must submit to the U.S. Department of Labor (DOL) before petitioning U.S. Citizenship and Immigration Services (USCIS) for an H-1B, H-1B1, or E-3 worker. The LCA certifies that the employer will:

• Pay the worker at least the prevailing wage for the position and location
• Provide working conditions that do not adversely affect other workers
• Not hire the worker during a strike or lockout
• Notify existing employees about the filing

The DOL reviews and certifies the LCA — typically within 7 business days — before the employer can file the I-129 petition with USCIS. LCA filings are public records. The DOL's Office of Foreign Labor Certification publishes disclosure data quarterly, covering every certified LCA in the country.

The LCA is an immigration law obligation. But every worker covered by an LCA is also subject to employment verification law — and that is where Form I-9 and E-Verify come in.

Why LCA Filings Create I-9 and E-Verify Obligations

Here is the connection that most compliance guides miss: the same worker who triggers an LCA filing also triggers Form I-9 requirements. These are separate federal obligations, enforced by separate agencies (DOL for LCA, U.S. Immigration and Customs Enforcement for I-9), with separate penalty structures. An employer can be fully compliant on the immigration side and still face fines for I-9 violations — or vice versa.

Form I-9 applies to every employee hired after November 6, 1986, regardless of citizenship or visa status. That includes every H-1B, H-1B1, and E-3 worker. There are no exceptions.

For H-1B workers specifically, the I-9 process involves several details that differ from domestic hires:

• Section 1: The employee selects “An alien authorized to work” and enters the expiration date of their work authorization, along with their Alien Registration Number (A-Number) or USCIS Number and their Form I-94 admission number or foreign passport number.
• Section 2: The employer or authorized representative examines original identity and employment authorization documents. H-1B workers typically present a foreign passport with an I-551 stamp, an Employment Authorization Document (EAD), or a combination of List B and List C documents. Employers who participate in E-Verify must accept only List B documents with a photograph when the employee presents a List B and List C combination.
• E-Verify: If the employer participates in E-Verify — or operates in a state that mandates it — the employer must create an E-Verify case within three business days of the hire date. The employee’s Social Security number is required for E-Verify (it is optional on Form I-9 for employers who do not use E-Verify).
• Reverification: When an H-1B worker’s employment authorization expires — whether from a visa expiration, a status change, or an EAD expiration — the employer must reverify on Supplement B of Form I-9. E-Verify may not be used for reverification. This is one of the most commonly misunderstood rules in H-1B compliance.
• Remote workers: Employers who participate in E-Verify may use the DHS-authorized alternative procedure to remotely examine documents for Section 2. Employers not enrolled in E-Verify must designate an authorized representative to examine documents in person. For companies with distributed or mobile H-1B workers, remote verification services handle this process.

The Employer’s LCA + I-9 Compliance Checklist

This is the combined checklist that covers both sides of the compliance equation — the LCA obligations your immigration counsel manages and the I-9/E-Verify obligations your HR team owns.

Before the LCA Filing

• Determine the prevailing wage for the position and worksite location (DOL Wage Online or prevailing wage determination)
• Prepare the public access file with LCA documentation
• Post notice of the LCA filing at the worksite or provide electronic notification to employees in the occupation
• File Form ETA-9035 with the DOL

After LCA Certification, Before the Worker Starts

• File Form I-129 (H-1B petition) with USCIS, attaching the certified LCA
• Confirm Section 2 completion plan: Will the employee appear in person, or do you need an authorized representative or remote verification?
• If using E-Verify, confirm the employee has a Social Security number (required for E-Verify cases)

The Worker’s First Day (or Up to 3 Business Days After)

• Employee completes Section 1 of Form I-9 (may be completed after accepting the offer but no later than the first day of work)
• Employer or authorized representative examines original documents and completes Section 2 (within 3 business days of the hire date)
• Record document details exactly as they appear on the Lists of Acceptable Documents
• If participating in E-Verify, check the box in the Additional Information field if documents were examined remotely

Within 3 Business Days of Hire

• Create the E-Verify case (if applicable) using the information from Form I-9
• If E-Verify returns a Tentative Nonconfirmation (TNC), follow the TNC referral process — do not terminate the employee based on a TNC alone
• Store the completed Form I-9 securely with your other I-9 records

Ongoing: Throughout Employment

• Track the employee’s work authorization expiration date (from Section 1 and Section 2 — reverify by the earlier date)
• Send a reverification reminder at least 90 days before expiration (USCIS recommends this timeline)
• When authorization expires, complete Supplement B with new documentation — List A or List C
• Do not use E-Verify for reverification (this is prohibited)
• If the employee’s status changes (e.g., H-1B to permanent resident), update records as appropriate
• Maintain the public access file for the LCA for at least one year beyond the end date of the LCA or the date the LCA is withdrawn

Managing I-9s for H-1B workers? Talk to a compliance expert — call (713) 668-6200.

Common Mistakes Employers Make with H-1B Worker I-9s

1. Asking for specific documents. An employer cannot tell an H-1B worker which documents to present for Section 2. The employee chooses from the Lists of Acceptable Documents. Requesting a specific document — even if it seems logical for a visa holder — is document abuse and constitutes an unfair immigration-related employment practice under 8 U.S.C. 1324b.

2. Using E-Verify for reverification. E-Verify may only be used at the time of initial hire. It cannot be used to reverify an employee’s work authorization when it expires. This mistake is common because it feels intuitive — but USCIS is explicit: reverification happens on Supplement B, not in E-Verify.

3. Missing the 3-business-day deadline. Section 2 must be completed within three business days of the employee’s first day of work for pay. For H-1B workers who start remotely or at a different location, this deadline still applies. If the employee is not physically present, an authorized representative must examine documents on the employer’s behalf — or the employer must use the DHS-authorized remote examination procedure.

4. Not tracking expiration dates. H-1B authorizations expire. EADs expire. When an employer has dozens or hundreds of H-1B workers across multiple locations, tracking every expiration date manually is where compliance breaks down. A single missed reverification can result in a fine.

5. Treating LCA and I-9 compliance as separate workflows. The immigration attorney files the LCA. HR handles the I-9. Neither team talks to the other. The result: the LCA public access file is maintained while the Form I-9 is incomplete, or the I-9 is perfect but the LCA notice posting was missed. Both are compliance obligations for the same worker.

“The most common issue we see with H-1B employers is expiration tracking,” said Patricia, Director of Compliance at i9 Intelligence with 27 years of I-9 and E-Verify experience. “The employer files the petition, the worker starts, the I-9 gets done on day one — and then nobody tracks the expiration date. Two years later, the authorization expires and the reverification never happens. That is a violation for every single day the employee continues working without a current I-9.”

LCA Penalties vs. I-9 Penalties: Double Exposure

Employers who sponsor foreign workers face two separate penalty frameworks. A compliance failure involving an H-1B worker can trigger enforcement from both the DOL (for LCA violations) and ICE (for I-9 violations). These are independent — one agency’s finding does not require the other to act, but both can investigate the same employer at the same time.

I-9 penalty amounts reflect the January 2025 inflation adjustment under 8 CFR 274a.10. LCA penalty ranges are from INA 212(n)(2).

Consider the math: an employer with 50 H-1B workers and a 10% I-9 error rate (5 defective forms) faces $1,440 to $14,305 in I-9 paperwork fines alone. If those same workers also have LCA notice-posting deficiencies, add $5,000 to $25,000 in DOL penalties. Two agencies, two investigations, one employer.

How I-9 Software Simplifies Compliance for H-1B Employers

For employers managing more than a handful of H-1B workers, the operational complexity of tracking authorization dates, reverification deadlines, and E-Verify cases across locations is where manual processes fail. I-9 compliance software addresses this by:

• Automating expiration tracking and reverification reminders. The system flags upcoming expirations and prompts HR to initiate reverification before deadlines pass — eliminating the manual calendar tracking that leads to missed reverifications.
• Integrating with E-Verify. Cases are created directly from completed I-9 data, reducing duplicate entry and ensuring the E-Verify case is filed within the three-business-day window.
• Providing remote Section 2 completion. For distributed workforces with H-1B workers in multiple locations, a managed remote verification service provides trained authorized representatives who complete Section 2 via the DHS-authorized alternative procedure — no need to find a local notary or office manager.
• Centralizing audit-ready records. All Form I-9s, supporting documentation, and E-Verify confirmations are stored in one system rather than scattered across offices, filing cabinets, and email threads. When ICE issues a Notice of Inspection, the employer can produce records immediately.

Common Questions About LCA and I-9 Compliance

Do I need to complete a new Form I-9 when an employee’s H-1B is extended?

Not necessarily. If the employee is continuing with the same employer and their work authorization has not expired, you do not need a new Form I-9. However, if their employment authorization document (such as an EAD) expires, you must reverify on Supplement B by recording new, unexpired documentation. If there is a gap in employment or the employee is considered a new hire, a new Form I-9 is required.

Can I use E-Verify to reverify an H-1B worker’s employment authorization?

No. E-Verify may only be used at the time of initial hire. Reverification is completed on Supplement B of Form I-9 by examining new List A or List C documents. Using E-Verify for reverification violates program rules.

What documents should an H-1B worker present for Section 2 of Form I-9?

The employee chooses which documents to present from the Lists of Acceptable Documents. Common documents H-1B workers present include a foreign passport with a Form I-94 (List A), an Employment Authorization Document (List A), or a combination of a foreign passport (List B) with an employment authorization document (List C). The employer may not request specific documents.

Do I need E-Verify to sponsor H-1B workers?

No. E-Verify participation is not required to file an LCA or sponsor an H-1B worker. However, E-Verify is mandatory for certain employers — including federal contractors and employers in states with E-Verify mandates. If you participate in E-Verify, you must create a case for every new hire, including H-1B workers.

What happens if my LCA is certified but I fail the I-9 compliance audit?

The LCA certification and Form I-9 compliance are independent obligations enforced by different agencies. A certified LCA does not protect you from I-9 penalties, and a clean I-9 audit does not prevent DOL from investigating LCA violations. Both must be maintained separately for the same workers.

Need help managing I-9 compliance for your H-1B workforce? i9 Intelligence provides I-9 software with automated E-Verify integration and remote Section 2 verification — built for employers who sponsor foreign workers.

Call: (713) 668-6200 (Mon–Fri, 8am–5pm CT)
Email: support@i-9intelligence.com
Submit a ticket: https://www.i-9intelligence.com/submit-a-ticket