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This document is used for the electronic filing of Labor Condition Applications (LCAs) for the H-1B nonimmigrant visa program, allowing employers to submit requests for certification and comply with

How to fill out labor condition application for

How to fill out Labor Condition Application for Nonimmigrant Workers

1. Identify the exact job title and job description for the position you are seeking to fill.
2. Determine the wage rate you will offer to the nonimmigrant worker, ensuring it meets the prevailing wage for that position.
3. Ensure that the job meets the requirements that demonstrate it will not adversely affect the wages and working conditions of U.S. workers.
4. Specify the period of employment for which the application is being filed.
5. Fill out Form ETA-9035, including all necessary information about the employer and the job position.
6. Review the completed form for accuracy and compliance with regulations.
7. Submit the Labor Condition Application to the Department of Labor (DOL) electronically or via mail, as required.
8. After submission, wait for the DOL’s certification before proceeding with the visa application process.

Who needs Labor Condition Application for Nonimmigrant Workers?

1. Employers who wish to hire nonimmigrant workers on temporary work visas, such as H-1B, H-2A, or H-2B.
2. Companies looking to bring skilled workers from abroad to fill positions that cannot be filled by the local workforce.
3. Organizations that need to demonstrate compliance with labor standards and prevent adverse effects on the local job market.

People Also Ask about

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.

For pdfFiller’s FAQs

What is Labor Condition Application for Nonimmigrant Workers?

The Labor Condition Application (LCA) for Nonimmigrant Workers is a document filed by employers to demonstrate that they will pay the prevailing wage and meet working conditions for nonimmigrant foreign workers.

Who is required to file Labor Condition Application for Nonimmigrant Workers?

Employers sponsoring nonimmigrant workers under certain visa categories, such as H-1B, H-1B1, and E-3, are required to file a Labor Condition Application.

How to fill out Labor Condition Application for Nonimmigrant Workers?

To fill out an LCA, employers must provide information such as the job title, employment location, wage rate, duration of employment, and attest to various labor standards. The form can be submitted electronically via the Department of Labor's website.

What is the purpose of Labor Condition Application for Nonimmigrant Workers?

The purpose of the LCA is to protect U.S. workers by ensuring that foreign workers are not paid less than the prevailing wage and that their employment will not adversely affect the working conditions of similarly employed U.S. workers.

What information must be reported on Labor Condition Application for Nonimmigrant Workers?

The LCA must report information such as the employer's details, the job title, salary, conditions of employment, and the geographical area of employment where the worker will be employed.