|How to File Labor Condition Application (LCA) before Filing H-1B Application?|
My employer will file H-1B application for me soon. How to file Labor Condition Application (LCA) before we file H-1B application to USCIS?
The Labor Condition Application (LCA) is an application filed by U.S. employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B. The application is submitted to and needs to be approved by the United States Department of Labor Employment's Office of Foreign Labor Certification (OFLC). The form used to submit the application is ETA Form 9035.
The Labor Condition Application (LCA) ETA Form 9035 is a document that a prospective H-1B employer files when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years. In this document, the employer attests to standards to which it will adhere. It must be certified by the authorized DOL official before it can be used. The applicants can file ETA Form 9035E on the iCERT System: https://icert.doleta.gov
U.S. employers must file using the electronic iCERT system, except in two limited circumstances. Employers with physical disabilities or lack of Internet access prohibiting them from filing electronic applications may submit a written request for special permission to file their LCAs by U.S. mail. The employer's written request must establish the need to file by mail, and include an explanation of the physical disability or lack of Internet access. The employer should be prepared to submit supporting documentation if requested by the OFLC. The OFLC Administrator must approve the request before the employer may file by mail.
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