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This document provides general instructions for the Labor Condition Application (LCA) for nonimmigrant workers, detailing the necessary steps and information required for the application process.
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How to fill out Labor Condition Application for Nonimmigrant Workers

01
Gather required information about the job role, including job title, duties, and work location.
02
Determine the prevailing wage for the position based on the job description and location.
03
Complete the ETA Form 9035 or 9035E by providing the employer's details and job specifics.
04
Ensure compliance with the Department of Labor's requirements regarding wages and working conditions.
05
Review the application for accuracy and ensure all necessary documents are attached.
06
Submit the Labor Condition Application electronically through the Department of Labor's iCERT portal.
07
Wait for the application to be certified before proceeding with the visa petition process.

Who needs Labor Condition Application for Nonimmigrant Workers?

01
Employers seeking to hire nonimmigrant workers under certain visa categories, such as H-1B, H-2A, and H-2B.
02
Companies looking to hire foreign workers in specialty occupations or for temporary labor needs.
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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.
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.
Generally, the DOL processes electronically filed LCAs within 7 to 10 business days.
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).
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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The Labor Condition Application (LCA) for Nonimmigrant Workers is a form that employers in the United States must submit to the Department of Labor to ensure that they are offering fair wages and working conditions to foreign workers they wish to employ on a temporary basis.
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 with the Department of Labor.
To fill out the Labor Condition Application, employers must complete the form by providing information about the job position, wage offered, work conditions, and attestations regarding the impacts on the labor market, along with submitting supporting documentation as required.
The purpose of the Labor Condition Application is to protect the wages and working conditions of both U.S. and foreign workers by ensuring that hiring practices do not adversely affect the local labor market.
The Labor Condition Application must report information including the employer’s details, job title, job location, wage rates, worker’s rights, working conditions, and attestations concerning labor market impact and compliance with labor laws.
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