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This document outlines the Labor Condition Application process for employers seeking to employ non-immigrants in specialty occupations and ensures compliance with federal labor standards.

How to fill out labor condition application for

How to fill out Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants

1. Begin by obtaining the correct Labor Condition Application (LCA) form, which is ETA Form 9035.
2. Fill out the employer information, including the company name, address, and contact details.
3. Specify the job title and description of the position for which the foreign worker will be employed.
4. Indicate the number of workers you are applying for and the period of intended employment.
5. Provide the prevailing wage information, ensuring it meets or exceeds the required wage for the specific job in the geographic area.
6. Confirm that you are adhering to any applicable collective bargaining agreements, if applicable.
7. Provide details about the worksite location where the foreign worker will be employed.
8. Ensure that the LCA is signed by an authorized representative of the employer.
9. Submit the completed LCA electronically through the Department of Labor's iCERT Portal.
10. Retain a copy of the submitted LCA for your records and monitor the processing status.

Who needs Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants?

1. Employers seeking to hire foreign workers on H–1B, H–1B1, or E–3 visas need to file a Labor Condition Application.
2. Foreign companies looking to hire specialized workers in the U.S. economy requiring a Labor Condition Application.
3. Organizations intending to sponsor employees from Australia (E–3), Singapore (H–1B1), or other nations eligible for H–1B visas.

People Also Ask about

What is the labor condition application for H-1B?

Labor condition application (LCA), Form ETA 9035/9035E is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years.

What are the disadvantages of E3 visa?

Cons: Requires international travel and associated costs. Potential delays in visa issuance due to administrative processing.

What is the difference between H-1B1 and E3?

H-1B1 status is valid for one year with indefinite renewals. E-3 status may be granted for an initial period of up to two years and may be extended indefinitely in two year increments.

Is E3 better than H-1B?

H-1b holders are limited to six years total. While an E-3 approval is good for two years, there is no limit on the number of extensions you can file. Extensions can be filed in the US through USCIS or by a return visit to the consulate.

Is H-1B immigrant or non immigrant?

What is the H-1B Visa Category? The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor's degree or the equivalent.

How long is a H1B1 visa good for?

Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years.

How long does it take to process the labor condition application?

Once prepared, the LCA is filed online and is typically certified by the Department of Labor in 10 business days. The employer's responsibilities continue during the employment of the H-1B visa holder.

What is the difference between H-1B1 and e3?

H-1B1 status is valid for one year with indefinite renewals. E-3 status may be granted for an initial period of up to two years and may be extended indefinitely in two year increments.

For pdfFiller’s FAQs

What is Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants?

The Labor Condition Application (LCA) is a form that employers must file with the U.S. Department of Labor to demonstrate that they will pay the required wage to foreign workers (non-immigrants) under the H-1B, H-1B1, and E-3 visa categories. It ensures that employing foreign workers will not negatively affect wages and working conditions for U.S. workers.

Who is required to file Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants?

Employers seeking to hire foreign workers under the H-1B, H-1B1, and E-3 visa categories are required to file the Labor Condition Application. This includes any U.S. employer looking to employ a foreign national in a specialty occupation.

How to fill out Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants?

To fill out the Labor Condition Application, the employer must complete the Form ETA-9035 or ETA-9035E, providing details such as the job title, wages, work location, and the number of positions. The application must be submitted electronically through the U.S. Department of Labor's FLAG system.

What is the purpose of Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants?

The purpose of the Labor Condition Application is to ensure that the employment of foreign workers will not pose a risk to U.S. workers' job opportunities and that the wages and working conditions offered to foreign workers are fair and consistent with those offered to U.S. workers.

What information must be reported on Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants?

The Labor Condition Application must report information including the employer's details, the foreign worker's job title and description, the wage offered, the worksite location, and the duration of employment. Additionally, employers must attest to not displacing U.S. workers and maintaining the same working conditions.