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Labor Condition Application (LCA) Handbook Updated January 2011 ? Copyright 2005-2011 Goeschl Law Corporation Page 2 TABLE OF CONTENTS Introduction .

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Current Department of Labor (DOL) processing time for the Labor Condition Application (LCA), a requirement for all H-1B petitions. Typically, the DOL will approve the LCA within 7 calendar days. Whether the candidate and employer wish to start employment based on USCIS receipt of the H-1B petition or wait for approval.

To get an LCA, your employer needs to file an ETA 9035 with the Department of Labor long before the beginning of the H-1B filing window. Employers should not file an LCA more than 6 months before they expect their new employee to start the position. LCA is only required if your petition is selected for filing.

Those documents include: Copies of the H-1B petitions (and H-1B1 or E-3 petitions, if any) filed with United States Citizenship and Immigration Services (USCIS) that relate to the employer's LCAs. A signed original LCA. Payroll records showing the wage rate for all other employees in the occupation at the worksite.

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.

How to Check LCA Status? You can check your H1B LCA case status on Department of Labor (DOL)'s FLAG website here. Enter your CA case number and you will be able to see its current status without employer's help. The other option to check LCA status is using the quarterly data shared by DOL on its Data Disclosure page.

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.

Generally, USCIS takes 100-150 days to process your h1b visa amendment petition; however, it may also depend on the following factors.

LCAs are reviewed by the Department within seven (7) working days for completeness and obvious errors or inaccuracies. Employers may check the status of applications they submitted to the Department and directly access their certified applications at any time by logging into the FLAG System.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232