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OMB Approval: 1205-0310 Expiration Date: 03/31/2015 Labor Condition Application for Nonimmigrant Workers ETA Form 9035 & 9035E U.S. Department of Labor Electronic Filing of Labor Condition Applications
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The labor condition application (LCA) is a document that employers in the United States must file when they want to hire non-immigrant workers on H-1B, H-1B1, or E-3 visas. It is filed with the Department of Labor (DOL) and includes important information about the job, such as wages, working conditions, and the employer's obligations to protect the wages and working conditions of similarly employed U.S. workers.
Employers in the United States who want to hire non-immigrant workers on H-1B, H-1B1, or E-3 visas are required to file the labor condition application (LCA). This includes employers who are petitioning for new workers as well as those who are seeking to extend or amend the employment of current non-immigrant workers.
The labor condition application (LCA) is filled out online using the Department of Labor's electronic portal. The employer must provide information about the job, such as the job title, job duties, and the prevailing wage for the occupation in the area of intended employment. Additionally, the employer must attest to certain obligations, including paying the non-immigrant worker the required wage, providing working conditions that are not less favorable than those offered to similarly employed U.S. workers, and not displacing U.S. workers.
The purpose of the labor condition application (LCA) is to ensure that the employment of non-immigrant workers on H-1B, H-1B1, and E-3 visas does not adversely affect the wages and working conditions of similarly employed U.S. workers. The LCA includes important provisions and obligations that the employer must fulfill in order to protect the rights and interests of both the non-immigrant worker and U.S. workers.
The labor condition application (LCA) requires the employer to report important information about the job, including the job title, job duties, prevailing wage for the occupation in the area of intended employment, and the period of employment. The LCA also requires the employer to provide information about the employer's obligations, such as paying the non-immigrant worker the required wage, offering working conditions that are not less favorable than those offered to similarly employed U.S. workers, and not displacing U.S. workers.
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