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What are the requirements for LCA notice of filing?

The notice of filing LCA must be posted in at least two conspicuous locations at the place of employment where they can be easily seen and read for 10 days. The place of employment is the work site or physical location where the work is to be performed. The in process LCA should be obtained for posting.

How long does it take to process the Labor Condition Application?

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.

Who files Labor Condition Application?

Employers must submit a Labor Condition Application (Form ETA-9035/ 9035E) to the Department of Labor electronically through the FLAG system attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program.

Can LCA be rejected?

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 do I file an LCA?

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.

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How long does it take to approve Labor Condition Application?

Once prepared, the LCA is filed online and is typically certified by the Department of Labor in 10 business days. The employers responsibilities continue during the employment of the H-1B visa holder.

How do I know my LCA is approved?

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.

What is approved Labor Condition Application?

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.

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