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Overall, PERM processing times have increased in recent years due to a greater number of applications, a growing backlog of pending cases, and greater scrutiny by the DOL. The average processing time for a PERM application is currently around 6-12 months.
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.
For purposes of these FAQs, LCA and ETA Form 9035/9035E are interchangeable. Question: Is there a fee to file a Labor Condition Application (LCA) with the Department of Labor for the H-1B, H-1B1 or E-3 programs? Answer: No. There is no fee to the employer or worker to file an LCA with the Department of Labor.
The H-1B visa petition can only be filed when and if the LCA is certified by the Department of Labor. In an effort to ensure that the U.S. labor market is not undermined by the hiring of foreign nationals at low wages, there are several attestations and activities required of the employer relating to the LCA.
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