# 20 C.F.R. § 655.732 (2026): What is the second LCA requirement, regarding working conditions? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_732 ## Section - **Citation:** 20 C.F.R. § 655.732 (2026) - **Heading:** What is the second LCA requirement, regarding working conditions? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 20 CFR: Employees' Benefits / Chapter V: EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR / Part 655: TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES / Subpart H: Labor Condition Applications and Requirements for Employers Seeking To Employ Nonimmigrants on H-1b Visas in Specialty Occupations and as Fashion Models, and Requirements for Employers Seeking To Employ Nonimmigrants on H-1b1 and E-3 Visas in Specialty Occupations / § 655.732: § 655.732 What is the second LCA requirement, regarding working conditions? ## Text An employer seeking to employ H-1B nonimmigrants in specialty occupations or as fashion models of distinguished merit and ability shall state on Form ETA 9035 or 9035E that the employment of H-1B nonimmigrants will not adversely affect the working conditions of workers similarly employed in the area of intended employment. For the purposes of this section, “H-1B” includes “E-3 and H-1B1” as well. (a) Establishing the working conditions requirement. The second LCA requirement shall be satisfied when the employer affords working conditions to its H-1B nonimmigrant employees on the same basis and in accordance with the same criteria as it affords to its U.S. worker employees who are similarly employed, and without adverse effect upon the working conditions of such U.S. worker employees. Working conditions include matters such as hours, shifts, vacation periods, and benefits such as seniority-based preferences for training programs and work schedules. The employer's obligation regarding working conditions shall extend for the longer of two periods: the validity period of the certified LCA, or the period during which the H-1B nonimmigrant(s) is(are) employed by the employer. (b) Documentation of the working condition statement. In the event of an enforcement action pursuant to subpart I of this part, the employer shall produce documentation to show that it has afforded its H-1B nonimmigrant employees working conditions on the same basis and in accordance with the same criteria as it affords its U.S. worker employees who are similarly employed. [65 FR 80221, Dec. 20, 2000, as amended at 66 FR 63302, Dec. 5, 2001; 73 FR 19949, Apr. 11, 2008] ## Nearby sections - [20 C.F.R. § 655.700 (2026) § 655.700 What statutory provisions govern the employment of H-1B, H-1B1, and E-3 nonimmigrants and how do employers apply for H-1B, H-1B1, and E-3 visas?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_700.md) - [20 C.F.R. § 655.705 (2026) § 655.705 What Federal agencies are involved in the H-1B and H-1B1 programs, and what are the responsibilities of those agencies and of employers?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_705.md) - [20 C.F.R. § 655.710 (2026) § 655.710 What is the procedure for filing a complaint?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_710.md) - [20 C.F.R. § 655.715 (2026) § 655.715 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_715.md) - [20 C.F.R. § 655.720 (2026) § 655.720 Where are labor condition applications (LCAs) to be filed and processed?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_720.md) - [20 C.F.R. § 655.730 (2026) § 655.730 What is the process for filing a labor condition application?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_730.md) - [20 C.F.R. § 655.731 (2026) § 655.731 What is the first LCA requirement, regarding wages?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_731.md) - [20 C.F.R. § 655.732 (2026) § 655.732 What is the second LCA requirement, regarding working conditions?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_732.md) - [20 C.F.R. § 655.733 (2026) § 655.733 What is the third LCA requirement, regarding strikes and lockouts?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_733.md) - [20 C.F.R. § 655.734 (2026) § 655.734 What is the fourth LCA requirement, regarding notice?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_734.md) - [20 C.F.R. § 655.735 (2026) § 655.735 What are the special provisions for short-term placement of H-1B nonimmigrants at place(s) of employment outside the area(s) of intended employment listed on the LCA?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_735.md) - [20 C.F.R. § 655.736 (2026) § 655.736 What are H-1B-dependent employers and willful violators?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_736.md) - [20 C.F.R. § 655.737 (2026) § 655.737 What are “exempt” H-1B nonimmigrants, and how does their employment affect the additional attestation obligations of H-1B-dependent employers and willful violator employers?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_737.md) - [20 C.F.R. § 655.738 (2026) § 655.738 What are the “non-displacement of U.S. workers” obligations that apply to H-1B-dependent employers and willful violators, and how do they operate?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_738.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_732. 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