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This document is used by employers to file a Labor Condition Application (LCA) for nonimmigrant workers under the H-1B visa program, ensuring compliance with necessary labor standards and conditions.
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How to fill out labor condition application for

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How to fill out Labor Condition Application for Nonimmigrant Workers

01
Obtain the Labor Condition Application (LCA) form from the Department of Labor's website.
02
Fill out the employer's details, including name, address, and contact information.
03
Specify the job title and a detailed description of the duties involved.
04
Indicate the prevailing wage for the position based on the location and job classification.
05
Specify the employment start and end dates.
06
Verify the employer's compliance with labor regulations and attest to compliance on the form.
07
Include any required documentation to support the application.
08
Review the completed application for accuracy and completeness.
09
Submit the LCA electronically to the Department of Labor for processing.

Who needs Labor Condition Application for Nonimmigrant Workers?

01
Employers seeking to hire foreign workers on temporary nonimmigrant visas such as H-1B, H-2B, and E-3.
02
Organizations that need to demonstrate compliance with labor standards when hiring nonimmigrant workers.
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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.
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.
Generally, the DOL processes electronically filed LCAs within 7 to 10 business days.
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).
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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The Labor Condition Application (LCA) for Nonimmigrant Workers is a form that an employer must submit to the Department of Labor (DOL) in the United States when seeking to hire nonimmigrant workers under certain visa categories, such as H-1B, H-1B1, and E-3. The LCA is used to ensure that the employment of these workers will not negatively impact the working conditions and wages of U.S. workers.
Employers seeking to employ nonimmigrant workers under visa categories such as H-1B, H-1B1, and E-3 are required to file a Labor Condition Application. This applies to businesses and organizations that intend to sponsor foreign workers for these specific visas.
To fill out the Labor Condition Application, employers must complete the LCA form provided by the DOL, providing information on the job offer, including the job title, duties, the wage offered, and the work location. Employers must also attest that they will pay the prevailing wage and that the employment of the nonimmigrant will not adversely affect the working conditions of similarly employed U.S. workers. Once completed, the LCA must be submitted electronically through the DOL's iCERT system.
The purpose of the Labor Condition Application is to protect U.S. workers, ensure fair labor practices, and confirm that the employment of nonimmigrant workers will not negatively impact the wages and working conditions of American employees. It also serves as a basis for granting certain types of nonimmigrant work visas.
The Labor Condition Application must include information such as the employer's details, job title, job location, the wage offered to the nonimmigrant worker, a description of the job duties, the employment period, and attestations related to the working conditions. Additionally, it must include information about the prevailing wage determination and compliance with labor laws.
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