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This form allows employers to file a Labor Condition Application for H-1B nonimmigrant workers and obtain certification from the U.S. Department of Labor. It details the responsibilities of employers
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Obtain the Labor Condition Application (LCA) form from the Department of Labor's website.
02
Fill in the employer's information, including name, address, and contact details.
03
Specify the job title and detailed job description for the position being offered to the nonimmigrant worker.
04
Indicate the prevailing wage for the position based on the location and job classification.
05
Select the appropriate labor market information and provide evidence that the wage is at least equal to the prevailing wage.
06
Determine the employment start and end dates, ensuring they align with the visa request.
07
Certify that the employment conditions meet the required labor standards and sign the application.
08
Submit the completed LCA electronically via the Department of Labor's iCert system.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers on temporary work visas.
02
Companies filing H-1B, H-2A, or H-2B visa applications for foreign labor.
03
Organizations looking to comply with U.S. labor laws concerning foreign employees.
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How long does it take to process the labor condition application?
LCAs are reviewed by the Department within seven (7) working days for completeness and obvious errors or inaccuracies. Employers may check the status of applications they submitted to the Department and directly access their certified applications at any time by logging into the FLAG System.
What is the labor condition application for nonimmigrant workers?
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.
How long does it take to process Labour condition application?
Generally, the DOL processes electronically filed LCAs within 7 to 10 business days.
How long does it take to do an LCA?
A properly rigorous LCA can take six months or more to do, but an estimated LCA can take hours. As above, remember rough analyses can have huge uncertainties (such as 30%, 50%, often 100% or more, per datapoint).
How do I know my LCA is approved?
LCAs are reviewed by the Department within seven (7) working days for completeness and obvious errors or inaccuracies. Employers may check the status of applications they submitted to the Department and directly access their certified applications at any time by logging into the FLAG System.
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What is Labor Condition Application for Nonimmigrant Workers?
The Labor Condition Application (LCA) for Nonimmigrant Workers is a document that an employer must file with the U.S. Department of Labor (DOL) to demonstrate that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire nonimmigrant workers under certain visa categories, such as H-1B, H-1B1, and E-3, are required to file an LCA with the DOL.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out the LCA, employers must provide details about the job, including the job title, duties, wage rate, work location, and the anticipated period of employment. They must also attest to conditions related to wages and working conditions.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the LCA is to protect U.S. workers by ensuring that the employment of nonimmigrant workers does not negatively impact wages or working conditions in the labor market.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report information such as the employer's name and address, job title, job duties, wage rates, worksite locations, and the period of intended employment, along with employer attestations regarding labor conditions.
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