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This document enables employers to file a Labor Condition Application (LCA) for nonimmigrant workers under the H-1B Visa Program, detailing employment conditions, responsibilities, and compliance
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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 offered, including job title, job duties, and location.
02
Determine the prevailing wage for the position by consulting the U.S. Department of Labor's wage database.
03
Complete Form ETA-9035, including employer information, job details, and wage information.
04
Ensure that the application is signed by an authorized company representative.
05
Submit the completed Labor Condition Application (LCA) online through the iCERT portal.
06
Wait for the LCA to be certified by the Department of Labor, which typically takes about 7 days.
07
Once certified, keep a copy of the LCA for your records and provide it to the employee for their visa application.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers who want to hire nonimmigrant workers in specialty occupations, including H-1B, H-1B1, and E-3 visa categories.
02
Employers who must demonstrate that hiring a foreign worker will not adversely affect the wages and 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?
The Labor Condition Application (LCA) for Nonimmigrant Workers is a form submitted by employers to the U.S. Department of Labor that demonstrates compliance with labor laws when hiring foreign workers under specific nonimmigrant visa categories.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire foreign workers on H-1B, H-1B1, or E-3 visas are required to file a Labor Condition Application.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out the LCA, employers must complete Form ETA-9035 and provide information regarding the job position, wages, working conditions, and the employer's business details.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the LCA is to ensure that the employment of foreign workers will not adversely affect the working conditions or wages of U.S. workers in similar positions.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
An LCA must report details such as job title, wage rate, specific work location, duration of employment, and attestations regarding working conditions and prevailing wage standards.
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