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This document is used for the electronic filing of Labor Condition Applications (LCAs) by employers seeking to employ nonimmigrant workers under the H-1B visa program. It outlines the obligations
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How to fill out labor condition application for
How to fill out Labor Condition Application for Nonimmigrant Workers
01
Gather necessary information including employer details, job description, and wage information.
02
Complete the Labor Condition Application (LCA) form (ETA Form 9035) accurately.
03
Specify the job title, duties, and requirements for the position.
04
Indicate the wage rate that meets or exceeds the prevailing wage determined by the Department of Labor.
05
Provide the work location details along with information about the duration of employment.
06
Certify that you will provide working conditions that will not adversely affect other workers similarly employed.
07
Submit the completed LCA to the U.S. Department of Labor electronically for approval.
08
Wait for LCA certification before proceeding with the H-1B petition or other immigration processes.
Who needs Labor Condition Application for Nonimmigrant Workers?
01
Employers seeking to hire nonimmigrant workers under H-1B, H-1B1, or E-3 visa categories need to file a Labor Condition Application.
02
Organizations sponsoring foreign workers to ensure compliance with wage and labor laws must obtain an LCA.
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How long does it take to process the labor condition application?
LCAs are reviewed by the Department within seven (7) working days for completeness and obvious errors or inaccuracies. Employers may check the status of applications they submitted to the Department and directly access their certified applications at any time by logging into the FLAG System.
What is the labor condition application for nonimmigrant workers?
Labor condition application (LCA), Form ETA 9035/9035E is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years.
How long does it take to process Labour condition application?
Generally, the DOL processes electronically filed LCAs within 7 to 10 business days.
How long does it take to do an LCA?
A properly rigorous LCA can take six months or more to do, but an estimated LCA can take hours. As above, remember rough analyses can have huge uncertainties (such as 30%, 50%, often 100% or more, per datapoint).
How do I know my LCA is approved?
LCAs are reviewed by the Department within seven (7) working days for completeness and obvious errors or inaccuracies. Employers may check the status of applications they submitted to the Department and directly access their certified applications at any time by logging into the FLAG System.
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What is Labor Condition Application for Nonimmigrant Workers?
The Labor Condition Application (LCA) for Nonimmigrant Workers is a document that employers must file with the Department of Labor to ensure that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.
Who is required to file Labor Condition Application for Nonimmigrant Workers?
Employers seeking to hire foreign workers under nonimmigrant visa categories, such as H-1B, H-1B1, and E-3, are required to file an LCA.
How to fill out Labor Condition Application for Nonimmigrant Workers?
To fill out an LCA, an employer must provide information such as the job title, the wage rate offered to the foreign worker, the place of employment, and the duration of the employment. The application must be submitted online through the Department of Labor's iCERT portal.
What is the purpose of Labor Condition Application for Nonimmigrant Workers?
The purpose of the LCA is to protect U.S. workers by ensuring that foreign workers are paid a wage comparable to what local employees receive and that the employment of foreign workers does not negatively affect the labor market.
What information must be reported on Labor Condition Application for Nonimmigrant Workers?
The LCA must report information such as the employer's name and address, the position offered, the wage level, a statement about the workforce and union, the location of employment, and the start and end dates of employment.
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