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This form is used by employers in the H-1B nonimmigrant visa program to file a Labor Condition Application to obtain certification from the U.S. Department of Labor for nonimmigrant workers.
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Identify the type of nonimmigrant worker you want to hire.
02
Determine the job position and work location.
03
Check the prevailing wage for the position in the geographic area.
04
Fill out the Labor Condition Application (LCA) form through the iCERT system.
05
Provide all required information, including employer details, job title, and wage rates.
06
Ensure that the working conditions will not adversely affect the wages and working conditions of similarly employed workers.
07
Make sure to post the LCA notice at the workplace for at least 10 consecutive business days.
08
Submit the LCA electronically and wait for the Department of Labor's approval.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire foreign workers in nonimmigrant visa categories, such as H-1B, H-2A, or H-2B.
02
Organizations that intend to employ non-resident aliens on a temporary basis.
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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 document that employers must file with the U.S. Department of Labor (DOL) to demonstrate that they will pay a nonimmigrant worker the prevailing wage for their position and that hiring the nonimmigrant will not negatively affect the working conditions of similarly employed workers.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers who wish to hire nonimmigrant workers under certain visa categories, such as H-1B, H-1B1, and E-3, are required to file a Labor Condition Application with the U.S. Department of Labor.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out a Labor Condition Application, an employer must provide details about the job, including the position, job duties, salary, working conditions, and the location. The form must be completed accurately and submitted electronically to the DOL.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the Labor Condition Application is to ensure that employers are offering fair wages and working conditions to nonimmigrant workers, protecting both the rights of the workers and the labor market for U.S. workers.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The information reported on the Labor Condition Application includes the employer's details, job title, a description of job duties, the prevailing wage, the number of positions, the work location, and information regarding notice to employees.
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