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LCAs must be filed electronically with the Department through the FLAG System .
Can LCA be electronically signed?
Since the current regulations do not specifically authorize electronic signatures of the LCA, the best practice for now is to print, sign, and retain a physical LCA containing the original signature.
Who certifies LCA?
Labor condition application (LCA) It must be certified by the authorized DOL official pursuant to the provisions of 20 C.F.R. 655.740 before it can be used.
How long does it take for LCA to be approved?
o Yes, an employer may post the LCA electronically instead of posting a physical notice.
Can LCA get rejected?
Yes. The prospective petitioner must include evidence that a Form ETA-9035/9035E, Labor Condition Application (LCA) has been certified by the Department of Labor (DOL), with the Form I-129. See the links to the Department of Labors Office of Foreign Labor Certification.
A copy of this LCA will be provided to each nonimmigrant worker employed pursuant to the LCA. The employer shall, no later than the date the worker(s) report to work at the place(s) of employment, provide a signed copy of the certified LCA to the worker(s) working pursuant to this LCA. 20 CFR 655.734.
Can LCA be signed electronically?
If an LCA is denied, your application will be returned with reasons for the denial. You will be able to re-submit an LCA in order to get approval, although seeking expert advice from an immigration attorney is strongly advised in these circumstances.
Labor Condition Application for Nonimmigrant Workers Form
Form ETA-9035E is a Labor Condition Application for nonimmigrant workers. File electronically or by paper. Required fields must be completed. Instructions at foreignlaborcert.doleta.gov.
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