The Labor Condition Application is a form that the employer is required to file with the Department of Labor for any H1B, H1B1 and E3 employees that the employer wants to hire. It can be one of the first steps that an employer needs to take when hiring any of these employees. The employer needs an LCA in order to file the I-129 petition for these visas. Here we are going to explain how to get the Labor Condition Application (LCA) from the Office of foreign labor certification (OFLC) for the H1B, H1B1 (Chile and Singapore) and E3 (Australia).
Labor Condition Application Instructions
Step 1: Wages for Labor Condition Application
The wage must be the higher one out of the actual wage rate or the prevailing wage.
- Actual Wage: The rate the employer pays to all other employees with equivalent experience and qualifications employed in the same role
- Prevailing Wage: The wage that is generally paid to workers of the same occupational classification in the field of desired employment when application is submitted
The employer must abide by the wage determined under any other applicable Federal, State or local law. They cannot pay less than the required wage under federal, state or local law. Employers are urged to find a prevailing wage from the National Prevailing Wage Center (NPWC).
Step 2: LCA Application
- Employers have to submit a Labor Condition Application. Form ETA – 9035/9035E has to be submitted to the Department of Labor electronically through the flag system. The application must be tailored to the requirements of the H1B, H1B1 or the E3 program.
- LCAs should not be submitted earlier than 6 months before the start date of employment.
- Employers with physical disabilities or without internet access do not have to file form ETA-9035 electronically. The employer needs to petition the administrator of OFLC for permission beforehand. This will allow them to file an LCA by mail for the form ETA-9035.
Step 3: Labor Condition Application Processing Time
The department takes seven days to review LCAs.
Step 4: Status of Labor Condition Application
Employers can check the application status of the application they submitted by logging into the FLAG system. They can find their certified applications anytime on the FLAG system. Employers who have received certified LCAs can go ahead with the rest of the steps in order to get an H1B, H1B1 or E3 visa through the USCIS and Department of State.
There are no LCA fees.
H1B Visa Program
The H-1B visa program permits employers to employ foreign workers on a temporary and nonimmigrant basis. This is in specialty occupations or as fashion models who have exceptional qualifications and talent. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor’s degree or the equivalent in the specific specialty (e.g. sciences, medicine, health care, education, biotechnology, and business specialties, etc.). The laws at present have a 65.000 person limit for the H1B status. There is an additional 20,000 allowed for the H1B advanced degree exemption.
H1B1 (Chile and Singapore) Program
The H1B1 (Chile and Singapore) program permits employers to employ foreign workers from Chile and Singapore in the U.S. on a temporary and nonimmigrant basis in specialty occupations. The laws at present allow an annual number of foreign workers who can be issued an H1B1 visa to 6,800. 1,400 of these are from Chile and 5,400 from Singapore.
The E3 (Australia) Program
The E-3 (Australia) program permits employers to employ foreign workers from Australia in the U.S. on a temporary and nonimmigrant basis in specialty occupations. The laws at present allow the annual number of qualifying foreign workers who may be issued an E3 visa to 10,500 Australian nationals searching for temporary work in specialty occupations.
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A LCA or Labor Condition Application is a form that the employer is required to file with the Department of Labor for any H1B, H1B1 and E3 employees that the employer wants to hire.
A LCA is valid upto the period of employment, upto 3 years.
There is no fee.