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This document serves as an application for a Labor Condition Application under the H-1B Nonimmigrant Visa Program, allowing employers to file and obtain certification for nonimmigrant workers.

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) for Nonimmigrant Workers is a document that employers must file with the U.S. Department of Labor to demonstrate that they will meet specific labor standards when hiring foreign workers under certain nonimmigrant visa categories, such as H-1B.

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

Employers seeking to hire foreign workers under certain nonimmigrant visa categories, including H-1B, H-1B1, and E-3, are required to file the Labor Condition Application.

How to fill out Labor Condition Application for Nonimmigrant Workers?

To fill out the Labor Condition Application, employers must complete Form ETA-9035, providing information about the job, the wages offered, working conditions, and the employer's commitment to adhere to labor standards. It's crucial to ensure that the information is accurate and complete before submission.

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

The purpose of the Labor Condition Application is to protect U.S. workers by ensuring that employment conditions for foreign workers are in line with those of local workers, preventing wage undercutting, and ensuring job availability for U.S. citizens.

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

The Labor Condition Application must report details including the job title, occupational classification, wage rates offered, the work location, period of employment, and any existing labor disputes at the workplace.