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This document is used by employers to file a Labor Condition Application for H-1B nonimmigrant workers, providing necessary attestations and employer information.
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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 Labor Condition Application (LCA) form from the U.S. Department of Labor website.
02
Fill out the required fields, including employer information, job title, location, and wages offered.
03
Confirm that the wage is not lower than the prevailing wage for the occupation and location.
04
Indicate the exact period for which the application is valid.
05
Provide information on the working conditions and any benefits offered to the employee.
06
Review the completed form for accuracy and completeness.
07
Submit the LCA electronically through the Department of Labor's iCERT system.
08
Print and retain a copy of the certified LCA for your records.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers on H-1B, H-2A, H-2B, or E-3 visas.
02
Companies that need to demonstrate that they will pay the required wage and provide proper working conditions.
03
Employers applying for jobs that require a Labor Condition Application as part of the visa petition process.
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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 document that employers must submit to the U.S. Department of Labor (DOL) to demonstrate that they will pay their nonimmigrant workers the prevailing wage and that employing them will not adversely affect the working conditions of U.S. workers.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers who wish to sponsor nonimmigrant workers on specific visa categories, such as 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 Labor Condition Application, employers must complete Form ETA 9035, providing information about the job, wages, work location, and employer details, and then submit it to the DOL for certification.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the Labor Condition Application is to ensure that the hiring of nonimmigrant workers will not negatively impact the wages and working conditions of U.S. workers and to establish that the employer will pay the prevailing wage for the position.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The Labor Condition Application must report job title, job duties, wage rates, work location, prevailing wage information, the employer's attestations regarding labor conditions, and any other relevant information as required by the DOL.
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