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OMB Approval: 1205-0310 Expiration Date: 01/31/2012 Labor Condition Application for Nonimmigrant Workers ETA Form 9035CP General Instructions for the 9035 & 9035E U.S. Department of Labor IMPORTANT:

How to fill out labor condition application lca

How to fill out a Labor Condition Application (LCA)?

1. Begin by obtaining and reviewing the Form ETA-9035, which is the official application for submitting a Labor Condition Application (LCA). Familiarize yourself with the instructions and ensure that you have all the necessary information and supporting documents.
2. Start by providing basic information in Section A of the LCA form. This includes your employer's name, address, and contact details, as well as your own personal information.
3. Move on to Section B, where you will need to specify the job title, location, and job duties. Describe the position accurately and thoroughly to ensure the Department of Labor can assess it properly.
4. In Section C, you will enter details regarding the duration and hours of work, as well as the wages or salary offered for the position. Ensure that the provided information complies with prevailing wage requirements and any applicable labor regulations.
5. Proceed to Section D and answer the questions regarding employer attestations. These statements are designed to verify that your employer will comply with all relevant labor laws and regulations, such as not displacing U.S. workers and providing working conditions that are no less favorable to foreign workers.
6. In Section E, provide the required information about the attorney or agent representing you or your employer, if applicable. Include their contact details and sign the attorney/agent declaration if necessary.
7. Review the completed LCA form thoroughly for accuracy and completeness. Ensure that all required fields have been filled out correctly and that the information provided is consistent with the supporting documentation.
8. Once you have reviewed the form, sign and date it in Section F. This signifies that the information provided is true and accurate to the best of your knowledge.
9. Prepare any additional documents or attachments required by the Department of Labor, such as supporting wage documentation or other relevant materials.
10. Submit the completed LCA form and supporting documents to the appropriate Department of Labor office through the designated filing system or method. Keep copies of all submitted materials for your records.

Who needs a Labor Condition Application (LCA)?

1. Employers planning to hire foreign workers under the H-1B, H-1B1, or E-3 visa programs in the United States are required to file a Labor Condition Application (LCA).
2. Companies seeking to temporarily employ non-immigrant workers in specialized occupations that require theoretical or technical expertise often utilize the H-1B visa program. Before submitting the H-1B petition to the U.S. Citizenship and Immigration Services (USCIS), employers must obtain an approved LCA from the Department of Labor.
3. The LCA ensures that hiring foreign workers will not have a negative impact on the wages and working conditions of similarly employed U.S. workers. It is a critical step in the process of obtaining work visas that allow foreign nationals to temporarily work in the United States.

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