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This document enables employers to file a Labor Condition Application for the H-1B Nonimmigrant Visa Program and obtain a certification of 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 Department of Labor website.
02
Carefully read the instructions provided with the form.
03
Fill out the employer's information, including the company name, address, and contact details.
04
Provide details of the job position, including job title, duties, work location, and salary offered.
05
Specify the total number of nonimmigrants you are seeking to employ.
06
Indicate the prevailing wage determination, ensuring it meets the Department of Labor's requirements.
07
Confirm compliance with working conditions and benefits offered to U.S. workers.
08
Review all information for accuracy and completeness.
09
Submit the completed application electronically or via mail, as per DOL guidelines.
10
Keep a copy of the submitted application for your records.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers under specific visa categories, such as H-1B, H-2A, or H-2B.
02
Organizations that need to demonstrate compliance with labor standards when employing foreign workers.
03
Any entity engaging nonimmigrant workers for temporary or permanent positions.
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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 employers in the United States must file with the Department of Labor to demonstrate that hiring a foreign worker will not negatively impact the wages or working conditions of similarly employed U.S. workers.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers who wish to hire nonimmigrant workers in certain employment visa categories, such as H-1B, H-1B1, and E-3 visas, are required to file an LCA.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out the LCA, employers must provide information such as the job title, job location, wage being offered, and the number of nonimmigrant workers being hired. The form must also include details regarding labor market conditions and attestations regarding wage standards.
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 employing nonimmigrant workers will not adversely affect their wages and working conditions, and to comply with labor laws.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report information including the job title, wage being offered, worksite location, the employer's business address, and attestations regarding the recruitment of U.S. workers and compliance with wage and hour laws.
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