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This document outlines the regulatory requirements for employers filing a Labor Condition Application (LCA) when hiring H-1B nonimmigrant workers, including wage and working condition stipulations.

How to fill out labor condition application lca

How to fill out Labor Condition Application (LCA) Requirements for H-1B Nonimmigrants

1. Gather necessary company information including name, address, and employer identification number (EIN).
2. Determine the job title, job duties, and the location where the work will be performed.
3. Collect the minimum salary requirements for the specific job title based on the prevailing wage determined by the Department of Labor.
4. Complete the Form ETA-9035, ensuring all sections are filled out accurately.
5. Submit the completed Form ETA-9035 to the Department of Labor electronically or by mail, along with the required documentation.
6. Ensure the application is certified by the Department of Labor before proceeding with the H-1B petition.

Who needs Labor Condition Application (LCA) Requirements for H-1B Nonimmigrants?

1. Employers looking to hire H-1B nonimmigrant workers in specialty occupations.
2. Companies seeking to sponsor foreign workers for H-1B visas.
3. Legal representatives filing on behalf of employers for H-1B petitions.

People Also Ask about

Is labor certification required for H-1B?

Yes. The prospective petitioner must include evidence that a Form ETA-9035/9035E, Labor Condition Application (LCA) has been certified by the Department of Labor (DOL), with Form I-129, Petition for a Nonimmigrant Worker. See the DOL's Office of Foreign Labor Certification.

How long does it take to get labor certification approved for H-1B?

Given the additional time that it typically takes to prepare the minimum requirements for the job and obtain the prevailing wage determination, the entire process may take about four to six months to file the PERM application with DOL provided that there were no able, willing, available and qualified U.S. workers and

What are the requirements for LCA?

The labor condition application itself requires the employer to make statements, develop and maintain documentation for public inspection, concerning the following: (1) Wages paid to H-1B non-immigrants and all other individuals with similar experience and qualifications for the job; the prevailing wage for the

What are exempt H-1B nonimmigrants?

An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: Receives $60,000 annual wages; or. Has attained a master's or higher degree (or its equivalent) in a specialty related to the intended H-1B employment.

Does an H-1B visa require labor certification?

To be eligible for this visa category you must be a fashion model of distinguished merit and ability. Yes. The prospective petitioner must include evidence that a Form ETA-9035/9035E, Labor Condition Application (LCA) has been certified by the Department of Labor (DOL), with the Form I-129.

What is the LCA for H-1B labor condition application?

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.

What is the exemption for labor certification?

Threshold eligibility for a Schedule A/Group II exemption from labor certification requires a showing that the foreign beneficiary has been practicing “their science or art for the last year,” and that his or her past and continued work in the United States requires “exceptional ability.”

What is the labor condition application for H-1B?

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.

For pdfFiller’s FAQs

What is Labor Condition Application (LCA) Requirements for H-1B Nonimmigrants?

The Labor Condition Application (LCA) is a document that employers in the United States must file with the U.S. Department of Labor (DOL) to employ H-1B nonimmigrants. It ensures that the hiring of foreign workers will not adversely affect the wages and working conditions of U.S. workers.

Who is required to file Labor Condition Application (LCA) Requirements for H-1B Nonimmigrants?

Employers seeking to hire H-1B nonimmigrants must file the LCA. This includes companies that want to employ foreign workers in specialty occupations.

How to fill out Labor Condition Application (LCA) Requirements for H-1B Nonimmigrants?

To fill out the LCA, employers must complete and submit Form ETA-9035 to the DOL. They need to provide information such as employer details, job title, wage offered, work location, and attest to labor conditions.

What is the purpose of Labor Condition Application (LCA) Requirements for H-1B Nonimmigrants?

The purpose of the LCA is to ensure that hiring a foreign worker will not displace a U.S. worker and that the foreign worker will be paid the prevailing wage for the occupation in the area of employment.

What information must be reported on Labor Condition Application (LCA) Requirements for H-1B Nonimmigrants?

The LCA must include information such as the employer's name and address, details of the job offered (including job title and salary), worksite locations, and the prevailing wage for the occupation in that area.