Understanding LCA Data and H-1B Approvals

LCA (Labor Condition Application) Data

Definition:
Before an employer can file an H-1B petition, they must submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL). The LCA certifies that the employer will pay the prevailing wage and that hiring a foreign worker will not negatively affect the working conditions of U.S. employees.

Key Features:

• Contains the SOC code (Standard Occupational Classification), which identifies the occupation of the role.
• Includes wage rate, worksite location, employer name, case dates, and case status (Certified, Denied, Withdrawn).
• Serves as an early indicator of an employer’s intent to hire an H-1B worker.
• Published by the DOL in quarterly disclosure datasets.

Official Sources:

• LCA Data – Wikipedia Overview
• SOC Code List: BLS Standard Occupational Classification

H-1B Approval Data

H-1B approval data is published by the U.S. Citizenship and Immigration Services (USCIS) and shows the number of H-1B petitions that have been approved. These are categorized as:

• Initial Approvals – First-time petitions for new H-1B workers.
• Continuing Approvals – Extensions or amendments for existing H-1B workers.

Key Features:

• Includes the NAICS code (North American Industry Classification System), which identifies the employer’s industry.
• Lists employer name, approval type (Initial or Continuing), fiscal year, and decision date.
• Available through the USCIS H-1B Employer Data Hub as downloadable datasets.

Official Sources:

• USCIS H-1B Employer Data Hub
• H-1B Visa Wikipedia page
• NAICS Code List: U.S. Census Bureau NAICS Codes

How Many People Arrive Under the H-1B Program

H-1B approval data counts only the principal visa holders (the actual workers).

• Family members (dependents) are issued H-4 visas and are not included in the approval count.
• Each principal H-1B worker may be accompanied by a spouse and/or children under 21.
• This means the total number of individuals entering the U.S. under H-1B status is higher than the approvals data alone suggests.

Tracking Actual Arrivals

If the goal is to track the actual number of people entering the U.S. under the H-1B program, you need to combine:

1. H-1B Visa Issuance Numbers (State Department) – Counts workers receiving visas at U.S. consulates abroad.
2. H-4 Visa Issuance Numbers (State Department) – Counts spouses and children receiving visas abroad.
3. H-1B Status Approvals (USCIS) – Captures workers already in the U.S. changing to H-1B status.
4. H-4 Status Approvals (USCIS I-539 Data) – Captures dependents already in the U.S. changing to H-4 status.

Sources:

• Visa Issuances (H-1B & H-4) – U.S. State Department Nonimmigrant Visa Statistics → “Table XVI(B) – Nonimmigrant Visas Issued by Classification.”
• Status Changes (I-539 Data) – USCIS Immigration and Citizenship Data.

H-4 Visa for Family Members

Definition:
The H-4 visa is issued to dependents (spouse and unmarried children under 21) of an H-1B worker.

Work Authorization:

• H-4 visa holders cannot work in the U.S. unless they obtain an Employment Authorization Document (EAD).
• EAD eligibility is limited to certain H-4 spouses whose H-1B principal has an approved Form I-140 (Immigrant Petition for Alien Worker) or has extended H-1B status beyond the standard 6-year limit under the AC21 law.
• Eligible H-4 spouses with EADs can work for any employer without restrictions.

Official Source:

• USCIS H-4 Dependent Nonimmigrant Overview

8. Key Difference Between LCA and H-1B Approvals

• LCA Data: Captures the intent to hire, filed before the H-1B petition is submitted.
• H-1B Approval Data: Captures the outcome, showing petitions that have been officially approved.

Together, these datasets provide a comprehensive view of the H-1B process—LCA data reveals planned hiring activity, while USCIS and State Department data confirm which plans became actual hires, and in what total numbers when dependents are included.

+-------------------------------+
| LCA FILED (DOL)               |
| - SOC code, wage, location    |
+---------------+---------------+
                |
                v
+-------------------------------+
| H-1B PETITION FILED (USCIS)   |
+---------------+---------------+
                |
                v
+-------------------------------+
| H-1B APPROVED (USCIS)         |
| - NAICS code, Initial/Cont.   |
+-------+---------------+-------+
        |               |
        |               |
        v               v
+-------------------+   +--------------------+
| H-1B VISA ISSUED  |   | H-1B STATUS CHANGE |
| ABROAD (STATE)    |   | IN U.S. (USCIS)    |
+---------+---------+   +---------+----------+
          |                       |
          |                       |
          |   Dependents of H-1B  |
          |           |           |
          v           |           v
+-------------------+ |   +--------------------+
| H-4 VISA ISSUED   | |   | H-4 STATUS CHANGE |
| ABROAD (STATE)    | |   | IN U.S. (USCIS)   |
+---------+---------+ |   +---------+----------+
          \___________|_____________/
                      |
                      v
+-----------------------------------------------+
|  TOTAL PEOPLE ENTERING (MINIMUM HEADCOUNT)    |
|  = H-1B visas issued abroad                   |
|  + H-4 visas issued abroad                    |
|  + H-1B status changes in U.S.                |
|  + H-4 status changes in U.S.                 |
|  (Note: may double-count re-entries;          |
|   USCIS approvals don’t equal crossings.)     |
+-----------------------------------------------+

US Immigration visa classification codes.

The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

A Visas – Diplomats and Foreign Government Officials

• A1 – Ambassadors, public ministers, career diplomats, and their immediate family.
• A2 – Other foreign government officials or employees, and their family members.
• A3 – Personal employees, attendants, or domestic workers of A-1 or A-2 visa holders.

B Visas – Temporary Visitors

• B1 – Temporary visitor for business.
• B1/B2 – Combination visa for both business and tourism.
• B2 – Temporary visitor for pleasure/tourism.
• BBBCC / BBBCV – Border crossing cards for Mexican citizens (sometimes paired with a B visa).

C Visas – Transit Visas

• C1 – Alien in immediate and continuous transit through the U.S.
• C1/D – Combined transit/crew member visa.
• C2 – Transit to/from the United Nations.
• C3 – Foreign government official in transit through the U.S.
• C4 / C4/D3 – Rare, special transit categories.

CW Visas – CNMI (Northern Mariana Islands) Transitional Worker

• CW1 – Worker in the CNMI.
• CW2 – Dependents of CW-1.

D Visas – Crew Members

• D – Crew member serving aboard a sea vessel or aircraft.

E Visas – Treaty Traders & Investors

• E1 – Treaty trader and employees.
• E2 – Treaty investor and employees.
• E2C – CNMI-only treaty investor.
• E3 – Certain specialty occupation professionals from Australia.
• E3D – Dependent of E-3 visa holder.
• E3R – E-3 returning to the U.S.

F Visas – Academic Students

• F1 – Academic student.
• F2 – Dependent of F-1.

G Visas – International Organizations

• G1 – Principal resident representative of a recognized foreign government to an international organization.
• G2 – Other representative of a recognized foreign government to an international organization.
• G3 – Representative of non-recognized or non-member government to an international organization.
• G4 – Officer or employee of an international organization.
• G5 – Personal employee or domestic worker of G-1 to G-4 visa holders.

H Visas – Temporary Workers

• H1B – Specialty occupations.
• H1B1 – Chile and Singapore free trade agreement specialty workers.
• H1C – Nurses in health professional shortage areas (expired, but still sometimes reported for old cases).
• H2A – Temporary agricultural workers.
• H2B – Temporary non-agricultural workers.
• H3 – Trainees or special education exchange visitors.
• H4 – Dependents of H visa holders.

I Visa – Foreign Media

• I – Representatives of foreign press, radio, film, or other information media.

J Visas – Exchange Visitors

• J1 – Exchange visitor.
• J2 – Dependents of J-1.

K Visas – Fiancé(e) or Spouse of U.S. Citizen

• K1 – Fiancé(e) of a U.S. citizen.
• K2 – Child of a K-1.
• K3 – Spouse of a U.S. citizen awaiting immigrant visa.

L Visas – Intracompany Transferees

• L1 – Intracompany transferee (executives, managers, specialized knowledge).
• L2 – Dependents of L-1.

M Visas – Vocational Students

• M1 – Vocational student.
• M2 – Dependent of M-1.

N Visas – Parents or Children of Special Immigrants

• N8 – Parent of certain special immigrants.
• N9 – Child of N-8 or of certain special immigrants.

NATO Visas – NATO Personnel

• NATO1–NATO7 – Various NATO officials, representatives, staff, and dependents.

O Visas – Individuals with Extraordinary Ability

• O1 – Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
• O2 – Accompanying personnel to O-1.
• O3 – Dependents of O-1 and O-2.

P Visas – Athletes, Artists, and Entertainers

• P1 – Internationally recognized athletes or entertainment groups.
• P2 – Artists/entertainers under reciprocal exchange program.
• P3 – Culturally unique artists/entertainers.
• P4 – Dependents of P-1, P-2, or P-3.

Q Visas – Cultural Exchange

• Q1 – Participants in an international cultural exchange program.

R Visas – Religious Workers

• R1 – Religious worker.
• R2 – Dependent of R-1.

T Visas – Victims of Human Trafficking

• T2 – Spouse of T-1.
• T3 – Child of T-1.
• T4 – Parent of T-1.
• T5–T6 – Other qualifying family members.

TD/TN – NAFTA/USMCA Professional Workers

• TD – Dependents of TN.
• TN – Canadian and Mexican citizens in professional occupations.

U Visas – Victims of Crime

• U1 – Principal victim of certain criminal activity.
• U2 – Spouse of U-1.
• U3 – Child of U-1.
• U4 – Parent of U-1 (if U-1 is under 21).
• U5 – Sibling of U-1 (if U-1 is under 21).