We've been hearing from people lately whose E-3 visa process has stalled, with their employer telling them the LCA is “taking longer than usual.” In a number of these cases, the LCA isn't actually delayed — it's that a Prevailing Wage Determination (PWD) was filed instead of (or before) the LCA. These are two completely different documents with completely different processing times. If your “LCA” has been pending for more than a couple of weeks, it's worth confirming what was actually filed.
This isn't a complaint about anyone's employer or attorney. The two forms exist in the same general area of the immigration process, they both involve the Department of Labor, and they both relate to wages. But the timelines could not be more different — and if you're sitting around assuming a normal LCA process is dragging when really a PWD has been filed, you could be waiting months instead of days.
What's an LCA?
The Labor Condition Application (LCA) is the standard, required document your employer must file with the Department of Labor before sponsoring you on an E-3 visa. It's filed using Form ETA-9035 through the DOL's FLAG system, and it's the document the consulate will look for at your interview.
Standard processing time: 7 working days.
That's it. The DOL is required by regulation to process LCAs within seven working days of receipt, and they consistently do. If your application is complete and error-free, you should have a certified LCA in your hands inside two weeks. If it's the first time your employer has filed an LCA, it can stretch to around 14 days, but that's the outer edge of normal.
This timeline has been remarkably consistent for years, even with COVID and shutdowns, we haven't seen a slowdown. The LCA is not where things get stuck.
What's a Prevailing Wage Determination?
The Prevailing Wage Determination (PWD) is a different document. It's filed using Form ETA-9141 and processed by the National Prevailing Wage Center (NPWC).
Current processing time: 3 to 8 months.
A PWD is an official determination from the DOL of what the prevailing wage is for a specific role at a specific location. It's required for the PERM green card process but it's not required for an E-3 visa.
For E-3 (and H-1B and H-1B1) cases, employers can either request a PWD from the NPWC, or — far more commonly and far faster — they can independently determine the prevailing wage themselves using DOL wage data when they file the LCA. The vast majority of E-3 LCAs are filed without ever requesting a separate PWD.
If your employer has filed a PWD instead of (or as a prerequisite to) an LCA, you're looking at a wait that's measured in months, not days.
Why This Confusion Happens
In all honesty, it's because the two forms are right next to each other on FLAG (the system you file this on):
If employers are filing themselves for the first time, or their immigration attorneys are not as familiar with the H-1B and E-3 process, this can lead to a mis-filing.
What “Taking Longer Than Usual” Should Mean
If your LCA has been pending for more than two weeks, something is off. Either:
- The application has technical issues and is being returned for correction
- The application has flagged for additional review (rare, but possible)
- A PWD was filed instead of (or before) the LCA, and that's what's actually pending
- Your employer or attorney is preparing the LCA but hasn't actually filed it yet
The third one is the case we're seeing show up in the community, and it's the most fixable.
What to Ask
If you're being told your “LCA is taking a while,” the question to ask your employer or immigration attorney is direct:
“Was an LCA (Form ETA-9035) filed, or a Prevailing Wage Determination (Form ETA-9141)? And can I get the case number so I can check the status myself?”
You can check the status of any LCA or PWD through the DOL's FLAG system using the case number. If it's a PWD, you'll see that on the case detail. If it's an LCA, the same.
You can also check current processing times at flag.dol.gov/processingtimes — the published times are updated weekly and are the most reliable source.
What to Do If a PWD Has Been Filed in Error
This isn't a disaster. Your employer can simply file the LCA directly using DOL wage data, without waiting for the PWD to be issued. The PWD can be left to process in the background (or withdrawn if it was filed in error). A clean LCA can be filed and certified within a week, and you'll be back on track.
The conversation to have is: “Can we file the LCA directly using OEWS wage data while the PWD is still pending?” In most cases, the answer is yes.
When You Genuinely Do Want to Wait for a PWD
There are limited situations where waiting for a PWD makes sense — for instance, if there's a genuine wage classification dispute and you want a binding DOL determination before committing to a wage on your LCA. But these are edge cases and should be a conscious strategic choice, not the default.
For a standard E-3 renewal or new filing, the LCA process is fast and straightforward, and there's no reason to be waiting months.
The Bottom Line
If you're being told your E-3 process is taking longer than usual at the LCA stage, ask the question. The LCA itself is one of the most consistently processed documents in the entire immigration system — about seven working days, very reliably. If it's been longer than two weeks, you deserve a clear answer about what was actually filed, and you may be able to get things moving again with one conversation.
For more information on the E-3 visa process, head to our E-3 Visa FAQ.
