Get the free Labor Condition Application for Nonimmigrant Workers

This document serves as a Labor Condition Application for nonimmigrant workers, allowing employers to file electronically for H-1B visas, ensuring compliance with labor condition statements.

How to fill out labor condition application for

How to fill out Labor Condition Application for Nonimmigrant Workers

1. Obtain Form ETA-9035 from the Department of Labor website.
2. Fill in the employer's information including name, address, and contact details.
3. Specify the job title, job duties, and wage offered to the foreign worker.
4. Indicate the work location, including city and state.
5. Describe the prevailing wage data and how it was determined.
6. Certify that there are no strikes or lockouts at the workplace.
7. Review the section regarding notice provisions to employees.
8. Sign and date the application to certify its accuracy.
9. Submit the completed application to the Department of Labor electronically or by mail.
10. Wait for approval and keep track of the application status.

Who needs Labor Condition Application for Nonimmigrant Workers?

1. Employers seeking to hire foreign workers on temporary or seasonal work visas.
2. Organizations sponsoring nonimmigrant workers under H-1B, H-2A, H-2B, or E-3 visa classifications.
3. Employers needing to demonstrate compliance with labor market protections.

People Also Ask about

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.

For pdfFiller’s FAQs

What is Labor Condition Application for Nonimmigrant Workers?

The Labor Condition Application (LCA) is a document that employers in the United States must file with the Department of Labor to ensure compliance with labor laws when they seek to hire nonimmigrant workers under specific visa categories, such as H-1B, H-2B, and E-3.

Who is required to file Labor Condition Application for Nonimmigrant Workers?

Employers who wish to employ nonimmigrant workers in specialty occupations or other nonimmigrant worker categories that require prior LCA approval must file this application.

How to fill out Labor Condition Application for Nonimmigrant Workers?

Filling out the LCA involves submitting necessary information through the Department of Labor's iCERT System, including details about the employer, the job to be offered, wage rates, work location, and working conditions. Employers must also attest to various labor standards.

What is the purpose of Labor Condition Application for Nonimmigrant Workers?

The purpose of the LCA is to protect U.S. workers by ensuring that the employment of nonimmigrant workers does not adversely affect the wages and working conditions of similarly employed U.S. workers and to confirm that nonimmigrant workers are offered at least the prevailing wage for their positions.

What information must be reported on Labor Condition Application for Nonimmigrant Workers?

The LCA must report the employer's name and address, the job title and job description, the wages offered to the nonimmigrant worker, the place of employment, the period of intended employment, and any other relevant labor standards or conditions of employment.