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This document outlines the electronic filing system for the Labor Condition Application (LCA) for employers seeking certification under the H-1B nonimmigrant visa program.
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Obtain the Labor Condition Application (LCA) form from the Department of Labor website.
02
Identify the specific job position and determine the appropriate Standard Occupational Classification (SOC) code for the position.
03
Fill in the employer's details including name, address, and Employer Identification Number (EIN).
04
Provide detailed information about the job such as the job title, job location, and wage offered.
05
Ensure the wage offered meets or exceeds the prevailing wage for the position in the area of employment.
06
Specify the dates of employment and any additional conditions of employment.
07
Review the application for accuracy and completeness.
08
Submit the LCA electronically to the Department of Labor via the iCert Portal.
09
Wait for the Department of Labor to process the application and respond with a certification.
10
Keep a copy of the certified LCA for your records and for use in subsequent visa applications.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers who wish to hire nonimmigrant workers on H-1B, H-1B1, or E-3 visas must file a Labor Condition Application.
02
Employers seeking to demonstrate compliance with wage and labor standards for foreign workers.
03
Employers in industries that typically require specialized knowledge or skills from nonimmigrant employees.
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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 they will pay the prevailing wage and provide fair working conditions to nonimmigrant workers.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire nonimmigrant workers in certain visa categories, such as H-1B, H-1B1, and E-3, are required to file the Labor Condition Application.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out the Labor Condition Application, employers need to provide information about the job, including job title, duties, wages, and work location, as well as attestations regarding the employment conditions.
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 nonimmigrant workers will not adversely affect the wages and working conditions of U.S. workers.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report information such as the employer's details, job title, wage rate, work location, and attestations regarding working conditions and wage compliance.
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