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This document is used for the electronic filing of Labor Condition Applications for the H-1B Nonimmigrant Visa Program, enabling employers to obtain certification of the Labor Condition Application
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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 and employer.
02
Determine the wage level that meets or exceeds the prevailing wage for the job.
03
Complete the Labor Condition Application (LCA) form with details of the job, including employer information, job title, job description, wage, and work location.
04
Ensure compliance with working conditions, including maintaining working hours and conditions similar to those offered to U.S. workers.
05
Post the LCA notice in two locations at the workplace for at least 10 consecutive business days.
06
Submit the LCA electronically to the Department of Labor (DOL) for approval.
07
Wait for the DOL to process and approve the application, which typically takes around 7 days.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers in specialty occupations, like H-1B visa applicants, need to complete the Labor Condition Application.
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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 in the United States must file with the Department of Labor (DOL) when seeking to employ foreign workers on nonimmigrant visas, such as H-1B, H-2B, and E-3 visas. It indicates that the employer is paying the required wage and will meet other labor standards.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire foreign workers under certain nonimmigrant visa categories, mainly H-1B, H-2A, H-2B, 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 the Labor Condition Application, the employer must provide information including the job title, the number of positions, work location, the wages offered, and attest to compliance with specific labor laws. This can be done through the DOL's online filing system or by using the required forms.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the Labor Condition Application is to ensure that hiring foreign workers does not adversely affect the wages and working conditions of U.S. workers. It establishes that employers will pay the prevailing wage and comply with labor regulations.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must include information such as the employer's name and address, the job title and description, the number of positions, work location, the wage being offered, and attestations regarding wage, working conditions, and personnel policies.
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