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OMB Approval: 12050310 Expiration Date: 05/31/2018 Labor Condition Application for Nonimmigrant Workers ETA Form 9035 & 9035E U.S. Department of Labor Electronic Filing of Labor Condition Applications

How to fill out labor condition application for

How to fill out labor condition application for:

1. Gather all necessary information: Before filling out the labor condition application, make sure to collect all the required information such as the employer's details, job title, job location, prevailing wage, and the start and end dates of the intended employment.
2. Complete the first section: In the labor condition application form, provide the employer's information including their name, address, and federal employer identification number (FEIN). Indicate whether the employer is an H-1B-dependent employer or a willful violator.
3. Fill in the job details: Specify the job title, job location, and the prevailing wage for the position. The prevailing wage can be obtained from the Department of Labor (DOL) website or through a certified prevailing wage survey.
4. Mention the employment period: Provide the anticipated employment start and end dates for the H-1B worker. Ensure that these dates align with the intended duration of employment mentioned in the supporting documents, such as the job offer letter.
5. Address the benefits and working conditions: Describe the specific working conditions, benefits, and compensation that will be provided to the H-1B worker. This includes details such as working hours, vacation and sick leave policies, healthcare benefits, and any other perks.
6. Complete the mandatory labor condition statements: The labor condition application requires four attestations from the employer, including: (a) Wage Offered to H-1B Nonimmigrant Employees, (b) Working Conditions, (c) Strike and Lockout, and (d) Notice to Union or Employees. Ensure that these statements are carefully reviewed and certified as per the specific requirements.
7. Keep supporting documents ready: Prepare and attach all the necessary supporting documents to the labor condition application. These may include the job offer letter, prevailing wage determination, and other relevant documents to validate the information provided.

Who needs labor condition application for:

1. Employers hiring H-1B visa holders: Any employer planning to hire an H-1B nonimmigrant worker needs to fill out a labor condition application.
2. H-1B-dependent employers: H-1B-dependent employers, who have a higher ratio of H-1B workers compared to their total workforce, need to complete a labor condition application for each H-1B worker they intend to employ.
3. Employers subject to willful violator status: Employers who have been found to have committed willful violations of the terms and conditions of H-1B employment are required to complete a labor condition application for every H-1B worker they plan to hire.

Note: The labor condition application must be filed and certified by the employer before submitting an H-1B petition to the U.S. Citizenship and Immigration Services (USCIS). It serves as a declaration of the employer's compliance with the prevailing wage and working conditions for H-1B workers.

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What is labor condition application for?

Labor Condition Application is used by U.S. employers to hire foreign workers on a temporary basis under the H-1B, H-1B1, or E-3 visa classifications.

Who is required to file labor condition application for?

Employers seeking to hire foreign workers on a temporary basis under the H-1B, H-1B1, or E-3 visa classifications are required to file a Labor Condition Application.

How to fill out labor condition application for?

The Labor Condition Application can be filled out online through the Department of Labor's iCERT system by the employer or their authorized representative.

What is the purpose of labor condition application for?

The purpose of the Labor Condition Application is to ensure that the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers in similar positions.

What information must be reported on labor condition application for?

The Labor Condition Application must include details about the job position, prevailing wage for the location, working conditions, and attestations by the employer.