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This document is used to file a Labor Condition Application for the H-1B Nonimmigrant Visa Program, certifying the employer's compliance with labor conditions.
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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, description, and salary.
02
Determine the prevailing wage for the position as required by the Department of Labor.
03
Complete the Labor Condition Application form (LCA) by filling out all required fields.
04
Include the employer's information and the specific details of the employment location.
05
Certify that there are no strikes or lockouts in the occupational classification at the worksite.
06
Post the LCA in two conspicuous locations at the job site for 10 consecutive days.
07
Submit the completed LCA to the Department of Labor electronically using the iCERT portal.
08
Wait for the Department of Labor to approve the LCA before proceeding with any visa applications.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers on temporary work visas, such as H-1B, H-2A, and H-2B.
02
Companies looking to ensure compliance with labor laws and regulations for foreign workers.
03
Organizations that want to demonstrate that employing nonimmigrant workers 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) is a document that employers must file with the U.S. Department of Labor (DOL) to demonstrate that they will pay nonimmigrant workers the prevailing wage for their position and that hiring foreign workers will not adversely affect the working conditions of U.S. workers.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire nonimmigrant workers under certain visa categories, such as H-1B, H-1B1, and 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 or ETA 9035E, providing information about the job, wages, and working conditions, as well as attestations regarding the impact on local labor markets.
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 the hiring of foreign workers does not negatively impact the wages and working conditions of similarly employed U.S. workers.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report job title, wage rate, location of employment, and the employer's attestation regarding working conditions and compliance with labor laws.
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