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OMB Control No.: 1205-0310 Expiration Date: 03/31/2015 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

How to fill out labor condition application?

1. Begin by familiarizing yourself with the labor condition application (LCA) form and its requirements. Obtain a copy of the relevant form from the U.S. Department of Labor (DOL) website or seek guidance from your employer's immigration attorney.
2. Provide accurate information regarding your employer, including their name, address, and FEIN (Federal Employer Identification Number). This information is necessary to identify your employer during the LCA process.
3. Specify the job title and duties of the position for which the LCA is being filed. Ensure that the job title and duties align with the prospective employee's role and responsibilities.
4. Determine the prevailing wage for the offered position. This information should be obtained from the prevailing wage determination obtained from the National Prevailing Wage Center (NPWC).
5. Indicate the employment start and end dates, ensuring that the duration matches the proposed length of employment for the foreign worker.
6. Specify the intended work location(s) where the foreign worker will be employed. Include the city, state, and zip code for each location.
7. Document the number of employees within your organization and identify if any of them are H-1B dependent.
8. Disclose the wage rate and benefits offered to the foreign worker. Ensure that the wage meets or exceeds the prevailing wage to avoid any potential violations.
9. Sign the labor condition application, certifying that all information provided is true and accurate to the best of your knowledge.
10. Submit the completed labor condition application, along with any required fees or supporting documents, to the DOL for processing.

Who needs labor condition application?

1. Employers who wish to hire foreign workers under the H-1B visa category need to file a labor condition application.
2. This application is mandatory for employers who want to employ H-1B workers and is designed to ensure that the employment of foreign nationals will not adversely affect the wages and working conditions of U.S. workers.
3. Additionally, employers that are considered H-1B dependent, meaning they have a high percentage of H-1B workers in their workforce, are also required to file a labor condition application. This helps prevent the displacement of U.S. workers by H-1B employees.

Remember, it is crucial to consult with an immigration attorney or seek expert advice when filling out a labor condition application to ensure compliance with all legal requirements.

For pdfFiller’s FAQs

What is labor condition application?

Labor Condition Application (LCA) is a form that must be filed by employers who wish to hire foreign workers on H-1B, H-1B1, or E-3 visas.

Who is required to file labor condition application?

Employers who intend to hire foreign workers on H-1B, H-1B1, or E-3 visas are required to file a labor condition application.

How to fill out labor condition application?

The labor condition application can be filled out electronically through the Department of Labor's online filing system, known as iCERT.

What is the purpose of labor condition application?

The purpose of the labor condition application is to ensure that foreign workers are not hired at wages lower than those paid to U.S. workers in similar positions, and that hiring foreign workers will not adversely affect the working conditions of U.S. workers.

What information must be reported on labor condition application?

The labor condition application must include details about the job being offered, the prevailing wage for that job, and the working conditions. It must also include a statement of intent to comply with labor laws.

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