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This document is a Labor Condition Application required by the U.S. Department of Labor for employers seeking to hire nonimmigrant workers under the H-1B visa program. It includes attestations regarding
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Obtain the Form ETA-9035 from the U.S. Department of Labor's website.
02
Fill in the employer's information, including the legal name, address, and contact details.
03
Provide the necessary details about the job offer, including job title, duties, and worksite location.
04
Specify the wage to be paid to the nonimmigrant worker and ensure it meets or exceeds the prevailing wage standards.
05
Indicate the employment period for which the application is being submitted.
06
Complete the 'Employer Attestation' section, confirming compliance with labor laws.
07
Review the application for accuracy and completeness.
08
Submit the completed application electronically through the iCERT portal.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
U.S. employers seeking to hire nonimmigrant workers on temporary work visas.
02
Employers sponsoring workers for H-1B, H-2A, H-2B, and E-3 visa categories.
03
Organizations or individuals hiring foreign workers who will be performing services in the U.S.
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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 request submitted to the U.S. Department of Labor (DOL) that demonstrates a company's compliance with labor regulations before hiring foreign workers on nonimmigrant visas.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire foreign workers under certain nonimmigrant 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 details about the job position, including job title, salary, work location, and labor market conditions, and submit it electronically through the DOL's iCERT system.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the LCA is to ensure that hiring foreign workers will not adversely affect the working conditions and wages of U.S. workers and to protect foreign workers from unfavorable labor conditions.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report information such as the employer's information, job title, salary offered, prevailing wage, actual wage, work location, and whether there are any strikes or labor disputes affecting the position.
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