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This document is used for the electronic filing of Labor Condition Applications for the H-1B nonimmigrant visa program, allowing employers to certify conditions of employment for nonimmigrant workers.
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Obtain Form ETA-9035 from the Department of Labor's website.
02
Complete the employer information section, including the employer's name, address, and contact details.
03
Provide job details including the job title, SOC code, and job duties.
04
Specify the wage rate offered to the nonimmigrant worker and ensure it meets or exceeds the prevailing wage.
05
Indicate the employment start and end dates.
06
Fill in the number of positions available and the worksite address.
07
Include any additional information related to the recruitment effort and foreign labor certification.
08
Review and sign the application to verify all information is accurate and complete.
09
Submit the completed form to the U.S. Department of Labor.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers looking to hire foreign workers on a nonimmigrant basis under programs such as H-1B, H-2B, or E-3.
02
Companies that are sponsoring international employees to ensure compliance with labor regulations.
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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 employers must file with the U.S. Department of Labor to attest to the terms and conditions of employment for foreign workers under specific visa categories, such as H-1B, H-1B1, E-3, and certain other nonimmigrant classifications.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire foreign workers in specific nonimmigrant visa categories must file the Labor Condition Application. This includes both U.S. companies and foreign employers with an intention to relocate workers to the United States.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out the Labor Condition Application, an employer must complete the form through the U.S. Department of Labor's online system, providing details about the job offered, wages, work conditions, and other relevant information about the employment situation.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the Labor Condition Application is to ensure that the hiring of foreign workers will not adversely affect the wages and working conditions of U.S. workers in similar employment, and to verify that the employer will abide by labor laws and pay the applicable wage.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The Labor Condition Application must report information including the job title, job location, salary offered, the number of workers sought, and attestations regarding working conditions, employee benefits, and compliance with labor laws.
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