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This document facilitates the electronic filing of Labor Condition Applications by employers seeking to hire H-1B nonimmigrant workers, detailing the obligations and necessary compliance for certification.
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Gather required information about the job position including job title, job description, and location.
02
Determine the wage to be offered and ensure it meets the prevailing wage requirements.
03
Complete the 'Form ETA-9035' which includes sections for employer and employee information.
04
Ensure information about the employer's business, such as federal employer identification number, address, and contact details are accurate.
05
Submit the completed Form ETA-9035 along with any required supporting documents to the U.S. Department of Labor.
06
Wait for the Labor Condition Application to be certified, typically takes around 7 days.
07
Once certified, make sure to retain copies of the application and certification for your records.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers wishing to hire nonimmigrant workers on H-1B, H-1B1, or E-3 visas need to file a Labor Condition Application.
02
Organizations that are looking to sponsor foreign employees must complete this application to ensure compliance with labor regulations.
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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) is a document that U.S. employers must file with the Department of Labor (DOL) when seeking to employ nonimmigrant workers under certain visa categories, primarily the H-1B, H-2A, and H-2B programs.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers who wish to hire nonimmigrant workers in specialty occupations (H-1B), temporary agricultural work (H-2A), or temporary non-agricultural work (H-2B) are required to file a Labor Condition Application.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out the Labor Condition Application, an employer must provide information such as the job title, job duties, wage rates, work location, and attest to compliance with labor laws. This is usually done through the DOL's electronic filing system.
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 nonimmigrant workers will not adversely affect the wages and working conditions of U.S. workers and to ensure that employers follow all labor laws.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report information including the employer's contact details, the job title and description, the prevailing wage for the job, details about where the work will be performed, and the number of workers needed.
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