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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 laborcondition application fornonimmigrant workers

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How to fill out laborcondition application fornonimmigrant workers

01
Gather all necessary information and supporting documents, such as the employer's Federal Employer Identification Number (FEIN), the position's job title and occupational code, the prevailing wage rate for the position, and the employer's contact information.
02
Access the Department of Labor's (DOL) online filing system for the labor condition application (LCA) form.
03
Create an account or log in to the online filing system.
04
Follow the prompts to enter all required information, including the employer's details, the position's details, the offered wage and benefits, and the working conditions.
05
Review and verify all entered information for accuracy and completeness.
06
Pay the required filing fee using the online payment options provided.
07
Submit the completed LCA form through the online filing system.
08
Keep a copy of the submitted LCA form and any acknowledgment or receipt provided by the online filing system for record-keeping purposes.
09
Await the DOL's determination on the LCA, which typically takes around 7 business days.
10
If approved, use the certified LCA to support a petition for a nonimmigrant worker with the U.S. Citizenship and Immigration Services.

Who needs laborcondition application fornonimmigrant workers?

01
Employers who are planning to hire nonimmigrant workers on H-1B, H-1B1, or E-3 visas in the United States need to file a labor condition application (LCA). This requirement applies to employers in both the private and public sectors.
02
Additionally, employers who are seeking to employ foreign workers under the H-2A or H-2B temporary worker programs may also need to file a labor condition application.
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A Labor Condition Application (LCA) is a document that U.S. employers must file with the Department of Labor (DOL) to ensure they are paying nonimmigrant workers the prevailing wage and providing proper working conditions when hiring foreign workers on nonimmigrant visas, such as H-1B.
Employers seeking to hire nonimmigrant workers under certain visa categories, such as H-1B, H-1B1, and E-3, are required to file a Labor Condition Application.
To fill out a Labor Condition Application, employers must complete Form ETA-9035 or ETA-9035E, providing information about wages, work conditions, job descriptions, and the prevailing wage determination.
The purpose of the Labor Condition Application is to protect the wages and working conditions of both U.S. and foreign workers by ensuring that employers do not pay foreign workers less than the prevailing wage or create adverse working conditions.
Information required on the Labor Condition Application includes job title, job location, wages offered, labor market test results, and assurance of non-displacement of U.S. workers.
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