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Get the free Labor Condition Application for Nonimmigrant - BDO USA LLP

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Sep 1, 2016 ... Electronic Filing of Labor Condition Applications ... This Department of Labor, Employment and Training Administration (ETA), electronic filing system enables ... INITIATED ... be
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How to fill out labor condition application for

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How to fill out labor condition application for?

01
Gather necessary information: Before filling out the labor condition application (LCA), make sure you have all the required information. This includes details about the employer, job position, prevailing wage rate, and working conditions.
02
Understand the purpose: The LCA is a document required by the U.S. Department of Labor for employers seeking to hire non-immigrant workers through the H-1B visa program. It ensures that the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
03
Complete Form ETA 9035E: The LCA is filed electronically using the Form ETA 9035E. Go through each section carefully and fill in the requested information accurately. It includes sections on employer details, job details, wage information, and attestations.
04
Employer details: Provide accurate information about the employer, including their name, address, Federal Employer Identification Number (FEIN), and contact information.
05
Job details: Describe the job position for which the LCA is being filed. Include a detailed job title, job duties, and the anticipated start and end dates of employment. Provide information on the work location and be specific about whether it is a single location or if the employee may need to work at multiple locations.
06
Prevailing wage determination: Obtain the prevailing wage rate for the job position from the National Prevailing Wage Center (NPWC) or State Workforce Agency (SWA). Enter the prevailing wage rate information accurately in the LCA form.
07
Wage information: Specify the actual wage the employee will be paid, which should be equal to or higher than the prevailing wage rate. Include information on the frequency of wage payments and any additional compensation or benefits provided.
08
Attestations: The LCA requires the employer to make certain attestations regarding the working conditions and employment of the foreign worker. These include ensuring that the employment of the H-1B worker will not adversely affect the conditions of U.S. workers and that the employer has informed employees about the filing of the LCA.

Who needs labor condition application for?

01
Employers hiring non-immigrant workers: Any employer planning to hire non-immigrant workers through the H-1B visa program needs to file a labor condition application. This applies to both new employment opportunities and existing employees who require a change of employer or extension of stay.
02
Job positions requiring specialized knowledge: The labor condition application is specifically required for job positions that require specialized knowledge and qualifications, typically in fields such as technology, engineering, science, and medicine.
03
Compliance with labor laws: The labor condition application ensures that employers comply with labor laws and regulations by hiring foreign workers in a manner that does not negatively impact similarly employed U.S. workers. It serves as a protection for both foreign employees and U.S. workers in maintaining fair employment conditions.
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Labor Condition Application is used by employers to apply for H-1B, H-1B1, and E-3 visas for foreign workers.
Employers seeking to hire foreign workers on H-1B, H-1B1, and E-3 visas are required to file labor condition application.
Employers must provide information about the job position, wages, working conditions, and attestations related to the employment of foreign workers.
The purpose of labor condition application is to ensure that foreign workers are not being exploited and that their employment does not adversely affect the wages and working conditions of U.S. workers in similar positions.
Employers must report information such as job title, job description, location, prevailing wage, actual wage, and working conditions.
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