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This document is used to file a Labor Condition Application for H-1B Nonimmigrant Workers with the U.S. Department of Labor. It assists employers in obtaining certification for employment-based nonimmigrant
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Gather necessary information about the job position, including job title, duties, and wage.
02
Determine the work location and the number of workers needed.
03
Ensure that the wage offered meets or exceeds the prevailing wage for the position.
04
Complete the required form (ETA Form 9035) accurately, including employer details and job information.
05
Include documentation that explains the recruitment efforts made to find U.S. workers.
06
Submit the application to the Department of Labor through the iCERT portal.
07
Wait for a response; if approved, retain a copy of the certified application for future reference.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers on temporary visas like H-1B, H-2B, or E-3.
02
Entities that wish to ensure compliance with labor laws when hiring foreign nationals.
03
Companies needing to demonstrate that hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers.
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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?
A Labor Condition Application (LCA) is a document that must be filed by employers seeking to hire nonimmigrant workers on H-1B, H-1B1, or E-3 visas, confirming that they will pay the workers a prevailing wage and adhere to specific labor standards.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers who wish to sponsor nonimmigrant workers for specific visa categories, such as H-1B, H-1B1, or E-3, are required to file an LCA.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out an LCA, employers must provide details such as the job title, job location, salary, and the type of nonimmigrant visa being requested. This can be done through the Department of Labor's online filing system.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of an LCA is to ensure that hiring nonimmigrant workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
Information reported on an LCA includes the employer's details, job title, job description, location, wages offered, and attestations regarding working conditions and non-displacement of U.S. workers.
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