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OMB Approval: 1205-0310 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
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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
Gather all necessary information: Before filling out the labor condition application (LCA), you will need to collect all relevant details. This includes the job title, job description, minimum requirements, prevailing wage, and the address of the worksite. It is also important to have the supporting documentation ready, such as the certified ETA Form 9035.
02
Complete the LCA form: Start by filling out the top section of the LCA form, which includes the employer's name, address, FEIN (Federal Employer Identification Number), and contact information. Provide accurate information to avoid any issues during the application process.
03
Provide job details: In the next section, you will need to provide detailed information about the job being offered. This includes the job title, SOC (Standard Occupational Classification) code, and a comprehensive job description. Make sure to accurately describe the duties, responsibilities, and qualifications required for the position.
04
Determine and document the prevailing wage: The LCA requires the employer to determine and document the prevailing wage for the job being offered. This information can be obtained from the prevailing wage determination issued by the Department of Labor (DOL). Include the wage rate, wage source, and determination date on the LCA form.
05
Complete the sections related to working conditions: The LCA form includes sections where the employer must provide information about working conditions. This includes specifying the work location, the number of hours the employee is expected to work, and the start and end dates of employment.
06
Sign and submit the LCA: Once you have completed all the necessary sections of the LCA form, review the information thoroughly to ensure its accuracy. Afterward, the LCA should be signed by the employer or the employer's authorized representative. The signed LCA, along with any required supporting documents, should then be submitted to the appropriate DOL office for processing.

Who needs labor condition application for:

01
Employers seeking to hire foreign workers on nonimmigrant visas, specifically those falling under the H-1B, H-1B1, or E-3 visa categories, are required to submit a labor condition application (LCA). This applies to both new hires and employees seeking extension or transfer of their existing visa status.
02
The LCA is mandatory for employers who wish to hire foreign workers on these visa categories to ensure that the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers in similar positions. The LCA serves as a certification from the employer that it will pay the foreign worker at least the prevailing wage for their occupation in the specific geographic area where they will be employed.
03
Additionally, the LCA helps to ensure that the employer will provide working conditions comparable to those of other similarly employed workers. It is the responsibility of the employer to fill out the LCA accurately and adhere to the terms stated throughout the employment period of the foreign worker.
By following these steps and understanding who needs the labor condition application for, employers can successfully complete the application process and comply with the relevant regulations.
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Labor Condition Application (LCA) is used by employers to petition for H-1B visas on behalf of foreign workers.
Employers in the United States who want to sponsor foreign workers for H-1B visas are required to file a Labor Condition Application.
To fill out a Labor Condition Application, employers must provide details about the job position, location, prevailing wage, and attest to certain labor conditions.
The purpose of the Labor Condition Application is to ensure that the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Information such as job title, job location, prevailing wage for the position, work hours, and working conditions must be reported on the Labor Condition Application.
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