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This document is used for electronic filing of Labor Condition Applications for the H-1B Nonimmigrant Visa Program, allowing employers to file and certify the application.
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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 U.S. Department of Labor website.
02
Complete the employer's information section, including the business name, address, and contact information.
03
Provide details about the job position being offered, such as job title, duties, and work location.
04
Specify the salary being offered to the foreign worker and confirm it meets the prevailing wage requirements.
05
Indicate the number of positions being requested and the expected start and end dates of employment.
06
Include any required labor market test results, if applicable.
07
Review the completed application for accuracy and comprehensiveness.
08
Submit the application electronically through the iCERT portal or as directed.
09
Wait for a certified copy of the Labor Condition Application from the U.S. Department of Labor.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers wishing to hire foreign workers under nonimmigrant visa categories, such as H-1B, H-2A, H-2B, or E-3.
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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 form that U.S. employers must submit to the Department of Labor to demonstrate that they will pay their nonimmigrant workers the prevailing wage for the job and that hiring these workers will not adversely affect the working conditions of 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 visas, are required to file a Labor Condition Application.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out an LCA, employers must provide information regarding the job title, worker's details, wage rates, work location, and attest that they will comply with labor laws. Employers typically file the LCA electronically via the Department of Labor's online system.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the LCA is to ensure that foreign workers are not paid less than U.S. workers for the same job and that their employment will not negatively impact U.S. labor conditions.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report the job title, the occupational classification, the wage rate, the worksite location, the period of employment, and availability of working conditions. It also includes attestations regarding recruitment and non-displacement of U.S. workers.
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