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Posting Notice for filing an ETA-9035

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Eminent Technology Solutions, Inc. has filed a Labor Condition Application (LCA) for hiring one Systems Analyst under the H-1B nonimmigrant visa program, offering wages within a specified range at their Berkeley Heights, NJ location. The LCA is available for public inspection, and complaints regarding misrepresentation or non-compliance can be filed with the Wage and Hour Division of the U.S. Department of Labor. The document includes a certification of posting notice at the employment site.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

How many days should LCA be posted?

The LCA, including position, salary and location, must be posted in two conspicuous locations at the employees work site. Such notice must be posted on or within 30 days prior to the LCA being filed and must remain posted for at least 10 days.

Does LCA need to be posted for 10 business days?

Only the first page needs to be visible when posted. Post one copy on the inside of the front door of your residence and the other on your refrigerator.

Where to post an LCA notice?

The notice of posting can come in two forms a hard copy notice or an electronic notice. To post a hard copy notice, after the LCA attestation is accepted, the employer must print and sign the LCA. Then, they must post it in two conspicuous places in the work area where the beneficiary would be working.

How long does it take to process ETA 9035?

It is important to post the LCA NOF at the employees place of work for ten business days. If a business does not have an NOF correctly posted or stored in a Public Access File (PAF) during a United States Citizenship and Immigration Services (USCIS) site visit, it may be accused of immigration fraud.

Is LCA posting required for H-1B extension?

The extension process is the same as the process for a new H1B visa. This means you must obtain a new Labor Condition Application (LCA) covering the latest period and submit all required supporting evidence that the position and the employee meet the requirements for employment on an H1B visa.

Can LCA be posted electronically?

Understanding the LCA Posting Requirement: Traditionally, this notice has been satisfied through physical posting at the worksite. However, per DOL Field Assistance Bulletin No. 2019-3, electronic posting is an acceptable alternative, provided that: Affected workers at the third-party worksite are aware of the notice.

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