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This document enables an employer to file a Labor Condition Application (LCA) for nonimmigrant workers under the H-1B visa program and outlines obligations and requirements for certification.
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Gather required information about your company and the position offered.
02
Ensure you have the necessary wage data for the prevailing wage in the area.
03
Complete the Labor Condition Application (LCA) form (ETA Form 9035 or 9035E).
04
Provide details about the job location, job title, and duties.
05
Indicate the wages offered to the foreign worker that meet or exceed prevailing wage requirements.
06
Certify that the employment of the foreign worker will not adversely affect the working conditions of similarly employed workers.
07
Submit the completed LCA to the Department of Labor (DOL) electronically.
08
Await approval from DOL, which typically takes about seven days.
09
Once approved, retain a copy of the LCA for your records then use it for visa application processes.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers on H-1B, H-1B1, or E-3 visas.
02
Companies that intend to employ foreign professionals in specialty occupations.
03
Organizations wishing to bring in foreign workers for temporary or seasonal work.
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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 seeking to hire foreign workers in specialty occupations must file with the U.S. Department of Labor. It details the working conditions and wages that will be offered to the foreign worker.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers who are sponsoring nonimmigrant workers for certain visa categories, such as H-1B, H-1B1, and E-3 visas, are required to file an LCA.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out an LCA, an employer needs to complete the required forms online via the Department of Labor's iCERT portal. The form requires information about the employer, the job position, wage levels, and working conditions.
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 wages or working conditions of U.S. workers. It also aims to certify that the employer will pay the prevailing wage for the job.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must include the employer's information, job title, job location, wage rate, and information relevant to labor market conditions, among other details.
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