Get the free Labor Condition Application for H-1B & H-1B1 Nonimmigrants

This document is a Labor Condition Application submitted by Hewlett-Packard Company to the U.S. Department of Labor for H-1B and H-1B1 nonimmigrants. It includes employer information, wages, working

How to fill out labor condition application for

How to fill out Labor Condition Application for H-1B & H-1B1 Nonimmigrants

1. Gather necessary information about the job position, including job title, duties, and working conditions.
2. Determine the prevailing wage for the position in the area of employment to ensure compliance with wage requirements.
3. Fill out the Form ETA-9035, including employer information, job details, and wage information.
4. Specify the intended start and end dates of employment.
5. Indicate the location where the employee will be working.
6. Ensure that you have a detailed description of the job, including its requirements and how it relates to the employer's business.
7. Review the application thoroughly for accuracy and completeness.
8. Submit the completed Labor Condition Application to the Department of Labor online or through mail, depending on the specific requirements.

Who needs Labor Condition Application for H-1B & H-1B1 Nonimmigrants?

1. Employers seeking to hire nonimmigrant workers under the H-1B or H-1B1 visa categories must file a Labor Condition Application.
2. U.S. companies looking to bring in foreign professionals in specialty occupations that require theoretical or technical expertise.
3. Employers in the fields of science, technology, engineering, and mathematics (STEM) who need specialized skills not readily available in the U.S. labor market.

People Also Ask about

What are the conditions for H-1B?

The occupation requires: Theoretical and practical application of a body of highly specialized knowledge; and. Attainment of a bachelor's or higher degree in a directly related* specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Are H-1B and B1 visa the same?

B-1 in lieu of H-1B Visa FAQs. Is B1 visa same as H-1B? No, the B-1 visa is a short-term visitor visa for business-related activity, while the H-1B allows specialized workers with a qualifying job offer from a sponsor to work in the US for up to five years.

Which is better, H-1B or J1 visa?

H-1B has Dual Intent which means it's acceptable to file for a green card while holding H-1B status: J-1 status has "Non-Immigrant Intent" which means that the individual in J-1 exchange status is encouraged to depart the United States upon completion of his/her objective.

What is the difference between H-1B and H-1B1?

Your employment as an H-1B1 must be temporary. You must show that you will go back to your country once your H-1B1 employment is terminated. Unlike H-1B, which is dual intent and allows you to come to the United States for temporary employment, while intending to immigrate to the United States, is not allowed.

Is H-1B1 easier than H-1B?

Key Advantage of H1B1 Visa over H1B: The Application Process The H1B visa can take many more months than an H1B1 visa application owing to the involvement of USCIS.

What kinds of occupations qualify for H-1B status?

H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. For more information about the H-1B program,, visit our H-1B Specialty Occupations webpage.

Are H-1B holders nonimmigrants?

The H-1B visa is a non-immigrant visa in the United States that allows employers to hire foreign workers in specialty occupations, has an annual cap on the number of issued visas, and requires employers to submit paperwork that ensures compliance with various provisions of the law authorizing the visa.

Is H-1B the same as H-1B1?

Your employment as an H-1B1 must be temporary. You must show that you will go back to your country once your H-1B1 employment is terminated. Unlike H-1B, which is dual intent and allows you to come to the United States for temporary employment, while intending to immigrate to the United States, is not allowed.

For pdfFiller’s FAQs

What is Labor Condition Application for H-1B & H-1B1 Nonimmigrants?

The Labor Condition Application (LCA) is a document that U.S. employers must file with the Department of Labor (DOL) before hiring foreign workers under the H-1B or H-1B1 visa categories. It attests that the employer will pay the foreign worker the prevailing wage and that the employment will not adversely affect the working conditions of similarly employed workers.

Who is required to file Labor Condition Application for H-1B & H-1B1 Nonimmigrants?

Any U.S. employer seeking to hire foreign workers under the H-1B or H-1B1 visa categories is required to file a Labor Condition Application. This includes both private sector and nonprofit organizations employing foreign professionals.

How to fill out Labor Condition Application for H-1B & H-1B1 Nonimmigrants?

To fill out the Labor Condition Application, employers must complete Form ETA-9035. They need to provide details about the job offered, including the offered wage, work location, and the qualifications required for the position. Additionally, employers must certify that they meet all labor conditions and provide necessary supporting documentation.

What is the purpose of Labor Condition Application for H-1B & H-1B1 Nonimmigrants?

The purpose of the Labor Condition Application is to protect both U.S. workers and foreign workers. It ensures that foreign workers are paid fair wages that do not undercut local wages, and that their employment will not negatively impact working conditions for U.S. workers in similar positions.

What information must be reported on Labor Condition Application for H-1B & H-1B1 Nonimmigrants?

The Labor Condition Application must report information such as the employer's details, job title, job duties, work location, the prevailing wage, how the wage was determined, and attestations regarding labor conditions, including that the employment of foreign workers will not adversely affect U.S. workers.