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This document is used for the electronic filing of Labor Condition Applications for employers seeking to hire nonimmigrant workers under the H-1B visa program.
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How to fill out Labor Condition Application for Nonimmigrant Workers

01
Gather necessary information about the job, including job title, duties, and location.
02
Determine the prevailing wage for the position using Department of Labor resources.
03
Complete the Labor Condition Application form (LCA) online through the Office of Foreign Labor Certification website.
04
Provide employer information, including the legal business name and address.
05
Specify the number of nonimmigrant workers being sought and the period of employment.
06
Confirm compliance with labor laws and regulations by reviewing and signing the attestation section.
07
Submit the completed LCA to the Department of Labor for certification.
08
Once certified, print and retain a copy of the LCA for filing with visa petitions.

Who needs Labor Condition Application for Nonimmigrant Workers?

01
Employers seeking to hire nonimmigrant workers in specialty occupations (H-1B visas), as well as other visa categories requiring LCA.
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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.
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.
Generally, the DOL processes electronically filed LCAs within 7 to 10 business days.
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).
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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The Labor Condition Application (LCA) for Nonimmigrant Workers is a document that an employer must file with the U.S. Department of Labor prior to hiring a nonimmigrant worker for certain employment-based visa categories, such as H-1B. It confirms that the employer will pay the prevailing wage for the position and that hiring the foreign worker will not adversely affect the working conditions of U.S. workers.
Employers seeking to hire foreign workers under specific visa categories, such as H-1B, H-1B1, and E-3 visas, are required to file the Labor Condition Application (LCA). This process ensures compliance with wage and working condition regulations.
To fill out the Labor Condition Application (LCA), employers must complete Form ETA-9035 or ETA-9035E online using the Department of Labor's iCERT system. They must provide information including employer details, job title, pay rate, work location, and attest to meeting the labor conditions set forth in the LCA.
The purpose of the Labor Condition Application (LCA) is to protect both U.S. workers and foreign workers by ensuring that the employment of foreign workers will not negatively impact the wage rates and working conditions of U.S. laborers, and to confirm that the employer will adhere to prevailing wage requirements.
The Labor Condition Application (LCA) must report information such as the employer's name and address, the job title and description, the work location, the wage offered to the foreign worker, the prevailing wage for the position, and attestations regarding the working conditions and no adverse effects on U.S. workers.
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H-1B Labor Condition Application ETA Form 9035 Nonimmigrant Workers U.S. Department of Labor Employment Certification Immigration Labor Condition Statement Visa Application Job Title

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