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OMB Approval: 12050310 Expiration Date: 07/31/2018Labor 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) for a job position, follow these steps:
02
Collect the necessary information: You will need details about the job position, including the job title, job duties, and required qualifications. You will also need to provide the employer's information.
03
Determine the prevailing wage: Research and find out the prevailing wage for the job position in the specific area where the employment will take place. This information is important for setting the wage offered to the employee.
04
Complete Form ETA-9035E: This form is the LCA form, which needs to be filled out accurately and completely. Provide the required information, such as employer identification, job description, wage details, and working conditions.
05
Submit the LCA to the Department of Labor (DOL): Once the form is completed, it should be submitted electronically to the DOL's Office of Foreign Labor Certification (OFLC). Make sure to review the form for any errors or missing information before submission.
06
Wait for approval: The DOL will review the LCA and either approve or deny it. If approved, you can proceed with the visa application process for the foreign worker. If denied, you may need to address any deficiencies or incorrect information and resubmit the LCA for review.
07
Maintain compliance: After the LCA is certified, the employer must comply with the specified terms and conditions, including paying the prevailing wage, providing working conditions, and not displacing U.S. workers.

Who needs labor condition application for?

01
The labor condition application (LCA) is required for employers who want to hire a foreign worker on a temporary work visa under the H-1B, H-1B1, or E-3 visa program. These visas are commonly used for specialty occupations that require a specific skillset and for which qualified U.S. workers are not available in sufficient numbers or are not willing to fill the position.
02
Employers from various industries, including IT, engineering, healthcare, finance, and more, may need to file an LCA if they plan to hire foreign workers for eligible job positions. It is important to note that the LCA is specific to certain visa programs and is not required for all types of work visas.
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The Labor Condition Application (LCA) is a document that employers must file with the U.S. Department of Labor to demonstrate that they will abide by labor regulations, particularly when hiring foreign workers under certain visa categories, such as H-1B.
Employers seeking to hire foreign workers under the H-1B, H-1B1, or E-3 visa categories are required to file a Labor Condition Application.
To fill out the Labor Condition Application, employers must complete Form ETA-9035, which includes information about the job offered, wages, working conditions, and the employer's commitment to not adversely affect U.S. workers.
The purpose of the Labor Condition Application is to ensure that the employment of foreign workers will not negatively affect the wages and working conditions of U.S. workers in similar positions.
The LCA must report information including the job title, job duties, work location, wage rate, and the employer's compliance with labor laws and regulations.
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