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OMB Approval: 1205-0310 Expiration Date: 01/31/2012 01/31/2012 Labor Condition Application for Nonimmigrant Workers ETA Form 9035 & 9035E U.S. Department of Labor Electronic Filing of Labor Condition
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The labor condition application is a document that must be filed by employers seeking to hire non-immigrant workers on H-1B, H-1B1, and E-3 visas. It is a prerequisite for hiring foreign workers under these visa programs.
Employers who want to hire non-immigrant workers on H-1B, H-1B1, and E-3 visas are required to file a labor condition application.
To fill out a labor condition application, employers must complete and submit Form ETA-9035E electronically through the U.S. Department of Labor's iCERT Portal. The form requires detailed information about the employer, the position being offered, the prevailing wage, and the working conditions.
The purpose of the labor condition application is to ensure that the employment of non-immigrant workers under the H-1B, H-1B1, and E-3 visa programs will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The labor condition application requires employers to report information such as the job title, job duties, minimum education/experience required, prevailing wage rate, hours of work, and location of employment. Employers must also attest to certain labor condition statements regarding wages, working conditions, and strikes or lockouts.
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