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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 many days does it take for LCA to get approved?
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.
How do I know if my LCA is approved?
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.
How long does H-1B regular processing take 2023?
Regular Processing times can vary quite dramatically, sometimes as short as 2 months but can be as long as 8 months. The average is between 3-5 months.
Does LCA get rejected?
1. Labor Condition Application (LCA): Before filing an H-1B petition with USCIS, the employer must obtain an approved LCA from the Department of Labor (DOL). If the DOL determines that the employer has not met the requirements of the LCA, such as paying the prevailing wage, the LCA may be denied.
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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.
How many days does it take for LCA to get approved?
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.
What is 9035?
H-1B employers must obtain a certified Labor Condition Application (LCA), Form ETA 9035, from the U.S. Department of Labor (DOL) to file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
Related links
Form ETA-9035 9035E US Department of Labor
Feb 1, 2022 (Form ETA- Form 9035 where the employer has notified DOL that it will submit this form non-electronically due to a disability or received
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