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OMB Approval: 12050310 Expiration Date: 03/31/2015 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:

1. Gather all necessary information: Before filling out the labor condition application (LCA), make sure you have all the relevant details such as the company's name, address, and Federal Employer Identification Number (FEIN), as well as the job title and duties of the position you are filing the application for. It is also important to have the prevailing wage determination for the specific occupation in the intended area of employment.
2. Start with the ETA Form 9035: The labor condition application is typically submitted using the ETA Form 9035, which can be found on the official website of the U.S. Department of Labor. Begin by entering the identifying information, including the employer's name, FEIN, and address.
3. Complete the details of the intended employment: In this section, you will need to provide information about the job position you are filing the LCA for. Include the job title, the U.S. location where the work will be performed, and a detailed description of the duties involved. It is important to accurately describe the position to ensure compliance with the terms of the application.
4. Specify the prevailing wage: The prevailing wage is the average wage paid to similarly employed workers in the area of intended employment. Enter the wage rate, as well as the prevailing wage source to ensure compliance with the geographic and job-specific requirements.
5. Ensure compliance with working conditions: This section requires information about the working conditions, such as the number of hours per week, the start and end times of the job, and the work schedule. Make sure to accurately enter this information to ensure compliance with labor laws and regulations.
6. Sign and certify the application: The last step involves the employer or their authorized representative signing and certifying the application. By signing, you confirm that all the information provided is true and accurate to the best of your knowledge. Failure to provide truthful information may result in penalties and enforcement actions.

Who Needs Labor Condition Application:

1. Employers hiring foreign workers on H-1B visas: The labor condition application is primarily required for employers planning to hire foreign workers under the H-1B visa program. This visa allows U.S. companies to employ foreign workers in specialty occupations, typically requiring a bachelor's degree or higher.
2. Employers seeking to ensure labor protection: The labor condition application serves as a mechanism to protect the wages and working conditions of U.S. workers, ensuring that hiring foreign workers will not adversely affect job opportunities, wages, or working conditions of similarly employed U.S. workers.
3. Employers subject to the Immigration and Nationality Act (INA) provisions: The INA mandates that employers must file a labor condition application before hiring H-1B workers. This requirement applies to employers across various industries and sectors, including technology, engineering, healthcare, and finance.

In summary, to fill out a labor condition application, gather and provide all necessary information, complete the ETA Form 9035 accurately, specify prevailing wages and working conditions, and sign and certify the application. The labor condition application is primarily required for employers hiring foreign workers on H-1B visas, to ensure labor protection and comply with the INA provisions.

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What is labor condition application for?

The labor condition application is used by employers to attest that they will comply with the requirements of the H-1B visa program, including paying the prevailing wage and providing working conditions that will not adversely affect other workers.

Who is required to file labor condition application for?

Employers who wish to hire foreign workers on H-1B visas are required to file a labor condition application.

How to fill out labor condition application for?

Employers can fill out the labor condition application online through the Department of Labor's iCERT system.

What is the purpose of labor condition application for?

The purpose of the labor condition application is to ensure that foreign workers are not being exploited and that their employment will not negatively impact American workers.

What information must be reported on labor condition application for?

Employers must report the job title, location of employment, prevailing wage for the position, and attestations regarding wages and working conditions on the labor condition application.