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This document is used for filing Labor Condition Applications for H-1B nonimmigrant visa program by employers seeking to hire foreign workers.

How to fill out labor condition application for

How to fill out Labor Condition Application for Nonimmigrant Workers

1. Start by gathering necessary information about your company, including its name, address, and contact information.
2. Determine the job position for which you are filing the Labor Condition Application (LCA) and gather the job description details.
3. Identify the prevailing wage for the specific job position in the geographical area where the job will be performed.
4. Complete the LCA form, ensuring that all sections are filled out accurately, including the employer's declaration and job details.
5. Submit the completed LCA to the Department of Labor (DOL) electronically or via mail, depending on the submission method allowed.
6. Wait for the DOL to process the LCA; they will either certify it or contact you for additional information.
7. Once certified, retain a copy of the LCA for your records and provide a copy to the employee.

Who needs Labor Condition Application for Nonimmigrant Workers?

1. Employers seeking to hire nonimmigrant workers under certain visa categories such as H-1B, H-2B, and E-3 must file a Labor Condition Application.
2. Any company that intends to employ foreign workers in a specialty occupation or non-agricultural temporary roles needs to submit an LCA.

People Also Ask about

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.

For pdfFiller’s FAQs

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 (DOL) when they intend to hire foreign workers under certain nonimmigrant visa categories, like H-1B, H-1B1, or E-3. The LCA attests that the employer will pay the prevailing wage and that hiring the foreign worker will not adversely affect the working conditions of similarly employed workers.

Who is required to file Labor Condition Application for Nonimmigrant Workers?

Employers seeking to employ foreign workers under specific nonimmigrant visa categories, particularly H-1B, H-1B1, and E-3, are required to file a Labor Condition Application with the Department of Labor.

How to fill out Labor Condition Application for Nonimmigrant Workers?

To fill out a Labor Condition Application, employers must complete the required fields on the form, which includes employer information, job details, wages, and working conditions. Additional documentation may also be needed to support the application. It's important to follow the guidelines provided by the Department of Labor to ensure compliance.

What is the purpose of Labor Condition Application for Nonimmigrant Workers?

The purpose of the Labor Condition Application is to ensure that the employment of foreign workers will not negatively impact the wages and working conditions of U.S. workers. It serves as a protection for both the foreign workers and the local labor market.

What information must be reported on Labor Condition Application for Nonimmigrant Workers?

The Labor Condition Application must report information including the employer's details, job title, job duties, work location, prevailing wage, period of employment, and the conditions of employment. Employers must also attest to not having any strikes or lockouts at the worksite during the application period.