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OMB Approval: 12050310 Expiration Date: 05/31/2018Labor Condition Application for Nonimmigrant Workers ETA Form 9035 & 9035E U.S. Department of LaborElectronic Filing of Labor Condition Applications
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How to fill out labor condition application for

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How to fill out labor condition application for

01
To fill out a Labor Condition Application (LCA), follow these steps:
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Obtain the necessary forms: The LCA is typically submitted using the ETA Form 9035 or Form 9035E. These forms can be downloaded from the official website of the U.S. Department of Labor.
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Provide employer information: Fill in all the required details about the employer, including the company name, address, FEIN (Federal Employer Identification Number), and contact information.
04
Specify the job details: Describe the job position for which the LCA is being filed. Include the job title, duties, requirements, and any additional relevant information.
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Establish prevailing wage: Determine the prevailing wage for the job by referring to the relevant wage source, such as the Occupational Employment Statistics (OES) survey or the wage provided by an employer's wage survey.
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Indicate the work location: Specify the place(s) where the employee will work. This includes the primary work location and any secondary locations, if applicable.
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File the LCA electronically: Submit the completed LCA form electronically through the Department of Labor's iCERT Portal or any other designated electronic filing system.
08
Pay the required fees: Pay the appropriate filing fees associated with the LCA submission. The current fee amount can be found on the Department of Labor's website.
09
Retain the LCA documentation: Keep a copy of the submitted LCA form and all supporting documents for future reference or potential audits.
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Comply with LCA regulations: Ensure that the employer follows all labor condition application regulations, including paying the prevailing wage, providing working conditions that are not adversely affecting U.S. workers, and maintaining proper documentation.
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Note: This information is a general overview of the process. It is important to consult the official instructions and guidelines provided by the U.S. Department of Labor for specific and up-to-date requirements when filling out an LCA.

Who needs labor condition application for?

01
The Labor Condition Application (LCA) is required for U.S. employers who plan to hire foreign workers on a temporary or non-immigrant basis under various visa programs. Some examples of visa categories that require an LCA include:
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- H-1B visa: Skilled workers in a specialty occupation
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- H-1B1 visa: Professionals from Chile and Singapore
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- E-3 visa: Australian professionals
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- H-1B2 visa: Workers performing exceptional work related to Department of Defense Cooperative Research and Development projects
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- H-1B3 visa: Fashion models of distinguished merit and ability
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- H-1C visa: Nurses working in healthcare shortage areas
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- H-2A visa: Temporary agricultural workers
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- H-2B visa: Temporary non-agricultural workers
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- L-1 visa: Intracompany transferees
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- O-1 visa: Individuals with extraordinary ability in sciences, arts, education, business, or athletics
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It's important to note that this list is not exhaustive, and specific visa programs may have unique requirements and eligibility criteria. Employers should consult the U.S. Department of Labor or an immigration attorney to determine if an LCA is needed for the intended visa category.
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Labor Condition Application (LCA) is required for employers who want to hire foreign workers on a temporary basis in the United States under the H-1B visa program.
Employers who want to hire foreign workers under the H-1B visa program are required to file the labor condition application.
To fill out the labor condition application, employers must provide detailed information about the job position, wage offered, working conditions, and attestations regarding compliance with labor laws.
The purpose of the labor condition application is to ensure that foreign workers are not exploited and that their employment does not negatively impact the wages and working conditions of U.S. workers.
Information such as job title, duties, location of employment, wage offered, prevailing wage determination, and attestations of compliance with labor laws must be reported on the labor condition application.
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