Get Approved 9035e Form 2013-2024

Form ETA 9035/9035E, Labor condition application (LCA), 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.

Labor Condition Application (LCA) Specialty Occupations with the H-1B, H-1B1 and E-3 Programs. The H-1B visa program allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability.

If the employee is already on an H-1B status and is changing to another employer, he or she must not start working until the employer has submitted a petition with the approved LCA to the USCIS. The employee may start working once the new employer has received a favorable Notice of Action, I-797C from the USCIS.

An LCA is a mandatory document that the H1B Sponsor / Employer needs to file with the US Department of Labor(DOL) before they file the H1B petition with USCIS for any non-immigrant worker. This is as per Immigration and Nationality Act (INA) to meet the wage and working conditions requirements.

A certified Labor Condition Application (ETA Form 9035), is a prerequisite to H1B approval. The LCA must be certified by the Department of Labor (DOL) before the H1B petition is submitted to USCIS.

What if the LCA is denied? If an LCA is denied, the Department of Labor will return the application with reasons for the denial. The employer can file a new LCA in order to get approval. Due to this, it is extremely important that the LCA is filed as soon as possible.

How to Check an LCA Form Status? Visit the iCERT DOLETA website. Provide your application number. Enter the ReCaptcha. The LCA status will soon appear. If the status shown is LCA certified, this means the LCA is approved.

The LCA (Labor Condition Application) is a document filed with the Department of Labor that takes between 7 to 10 days to process. After the LCA is certified , filing the H-1B visa is done almost immediately. Often, employees can continue working while the LCA is pending.