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This document is used by employers to file a Labor Condition Application for nonimmigrant workers applying for the H-1B visa. It includes details on employment conditions, employer information, wage

How to fill out labor condition application for

How to fill out Labor Condition Application for Nonimmigrant Workers

1. Gather necessary information about your company, including name, address, and federal employer identification number (FEIN).
2. Determine the specific nonimmigrant worker category for which you are applying (e.g., H-1B, H-2B).
3. Identify the job title, job duties, and requirements for the position you are offering.
4. Set the prevailing wage for the position, using the Department of Labor's wage data or a valid survey.
5. Complete the Labor Condition Application form (Form ETA-9035), including all required information and certifications.
6. Post the application at the workplace where the employee will work, providing notice to other employees.
7. Submit the completed application to your local Department of Labor office for review.
8. Wait for approval, which will typically take 7 days, and make sure to address any request for information if needed.

Who needs Labor Condition Application for Nonimmigrant Workers?

1. Employers seeking to hire nonimmigrant workers on a temporary basis in specialty occupations or other categories, such as H-1B or H-2B workers.
2. Companies looking to comply with U.S. labor laws while bringing foreign employees to the country.

People Also Ask about

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.

For pdfFiller’s FAQs

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 when hiring foreign workers on nonimmigrant visas, such as H-1B visas. It attests to the conditions of employment and ensures that hiring foreign workers will not adversely affect the wages and working conditions of U.S. workers.

Who is required to file Labor Condition Application for Nonimmigrant Workers?

Employers seeking to hire foreign workers under certain nonimmigrant visa categories, such as H-1B, H-1B1, and E-3 visa categories, are required to file an LCA with the Department of Labor.

How to fill out Labor Condition Application for Nonimmigrant Workers?

To fill out the LCA, employers must provide details such as the job title, the wage offered, the work location, and attest to the fact that the employment of the foreign worker will not negatively impact U.S. workers. The form can be completed online through the Department of Labor's online filing system.

What is the purpose of Labor Condition Application for Nonimmigrant Workers?

The purpose of the LCA is to ensure that the hiring of a nonimmigrant worker will not have a negative impact on the working conditions, wages, or employment opportunities for U.S. workers. It serves as a safeguard to protect U.S. labor standards.

What information must be reported on Labor Condition Application for Nonimmigrant Workers?

The LCA must report information including the employer's details, the job title, wage rate, the nature of the work, the location of employment, the duration of employment, and attestations regarding working conditions and wages.