Friday, March 18, 2011

LCA certified Signature

LCA certified Signature - The Labor Condition Application, or LCA, is a prerequisite to H-1B approval. The LCA, Form-9035, contains basic information about the proposed H-1B employment such as rate of pay, period of employment, and work location. It also contains four standard attestations or promises that the employer must make. The employer must document compliance with the LCA requirements in a public access file.

Filing the LCA

An H-1B petitioning employer must file the LCA on the ETA-9035E electronically over the Internet at, or if the petitioner has a “physical disability or lack of access to the Internet” that prevents the employer from filing the form electronically, the employer can file the Form ETA-9035 directly with the DOL. However, please note that the employer must first obtain an approval from DOL to send the LCAs by mail. The LCA must be certified by the DOL before the H-1B petition may be submitted to USCIS.

A single LCA may be filed for up to 999 workers in up to two locations. Each LCA is limited to one occupation with specified job duties. If the employer places an H-1B nonimmigrant outside the areas of employment listed on the LCA, the employer must consider whether to file a new LCA and an amended I-129 petition with the USCIS.


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