OMB Approval: 12050310 Expiration Date: 05/31/2018Labor 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 the DoL Form ETA-9035 & 9035E online

This guide provides a comprehensive overview on how to fill out the DoL Form ETA-9035 & 9035E online, ensuring a smooth application process for employers seeking to file a Labor Condition Application for nonimmigrant workers. By following these clear instructions, users can navigate the online form with ease.

Follow the steps to complete the form confidently and accurately.

  1. Click the ‘Get Form’ button to obtain the form and open it in the online editor.
  2. Begin by filling out the employment-based nonimmigrant visa information. Indicate the type of visa classification supported by this application by writing the classification symbol in the corresponding field.
  3. Provide details about the temporary need for the position. This includes entering the job title, SOC (ONET/OES) code, and occupation title. Specify if the position is full-time and mark the begin and end dates of intended employment.
  4. Enter the total worker positions being requested and break this down by applicable categories such as new employment, continuation, change of employer, etc.
  5. Complete the employer information section, including the legal business name, trade name, address, telephone number, and Federal Employer Identification Number (FEIN). Ensure all required fields are filled in.
  6. Fill out the employer point of contact information, ensuring it lists an employee authorized to act on behalf of the employer. This contact must be different from the attorney or agent if applicable.
  7. If applicable, provide the attorney or agent information. This includes the name, contact details, and any additional identifiers required.
  8. Specify the wage rate, including the minimum and maximum amount and the frequency of payment (hourly, weekly, etc.).
  9. Complete the employment and prevailing wage information, ensuring to identify the physical address where the work will occur and attaching up to three physical prevailing wage locations if needed.
  10. Agree to the employer labor condition statements, confirming that the employer will meet required labor standards.
  11. Complete any additional employer labor condition statements specifically required for H-1B employers.
  12. Finalize the declaration of the employer by entering the hiring official's name, title, and signing the form electronically if applicable.
  13. Once all sections are completed, save changes to the document. Users can then download, print, or share the form as needed.

Start completing your DoL Form ETA-9035 & 9035E online today to ensure compliance and a smooth application process.

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Questions & Answers

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What happens after ETA 9089 is approved?

What Happens After The Application Is Filed? Once the application is filed, it will be processed by the Department of Labor. Typically, this will take around three months. The Department of Labor will verify that no qualified US citizen was available for the job, wages for the job, and proper working conditions.

Labor Certification Forms For employers seeking: Permanent status for employees: Form ETA 9089 should be completed for Permanent Employment Certification. H-1B and E-3 visas: Form ETA 9035 for Labor Application for Non-Immigrant Workers.

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.

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.

An employer who desires to apply for a labor certification, for occupations other than sports, on behalf of an alien must file Form ETA 9089.

The LCA processing time for the form ETA 9035 usually takes about one week to process. However, if the Department of Labor finds any problems with your application, it may be rejected. Your employer will then be provided with a list of the issues that arose concerning your application.

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