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Dec 27

How to prepare LCA – ETA 9035 for H-1B

What is LCA? Why do we need LCA?

ETA 9035 or LCA is the most important form for filing H-1B petition and other applicable visa for foreign nationals. LCA is needed because employers have to pay the minimum wage required for that location/standard occupation code/ level of experience.  So the petitioners will not able to hire candidate for less salary.

ETA 9035 may look easy, but this is a complicated form when compared to other forms like G-28, I-907, I-129, I-129W, I-129H and letters. Big companies which have several thousands of employees working is US, have a separate unit for filing the ETA 9035 form to Department of labor.  In my experience, I have seen LCA preparers filling incorrect SOC codes, wage level and prevailing wage and FEIN number and non-filled information. They don’t know the intricacies in preparing ETA 9035 form, for which the company will face consequences or ramifications. LCA preparer logs in to www.doleta.gov and it takes 10 to 15 minutes for them to submit the application online to www.doleta.gov. The process is similar to other employment visas like H1B1 (Chile, Singapore), E-3(Australia) etc.

Challenges in preparing the LCA (ETA-9035) form:

  1. Choosing the correct SOC code
  2. Choosing the correct wage level.
  3. Choosing the correct prevailing wage
  4. Choosing the correct classification
  5. Choosing the correct option for part time positions
  6. To enter multiple locations
  7. To adjust prevailing wage levels for a salary offered by employer.

When LCA has to be filed for H-1B:

  1. New H-1B petition (CAP)
  2. H-1B Extension
  3. H-1B Amendment
  4. Change of Employer
  5. Material Change in prior LCA.

Steps to prepare LCA (ETA 9035) FOR h-1b:

  1. To login to the Government portal for filing ETA 9035 ONLINE username and password is required.
  2. Login to doleta.gov

Before filling the information, please find out the following:

  1. Find working location or working locations.
  2. Find out relevant country for a location or working locations.
  3. Search SOC codes for the job duties and choose the right soc code.
  4. Find out whether it is a full time or part time position.
  5. Find out latest prevailing wage for already selected soc code, based on the county
  6. Find out the wage level.
  7. Find out whether employer is H-1B dependent.
  8. Find out the requested visa classification (New Employment, Change of previously approved employment without change with the same employer, new concurrent employment, change in employer, amended petition)
  9. Find out employer information (Name, Doing business as (DBA), address details, telephone, FEIN etc)
  10. Find out NAICS code
  11. Find out begin date and end date (Should be analysed thoroughly, if the beneficiary has worked on H-1B, H1B1, L1 etc)
  12. Find out employer point of contact information.
  13. Find out signing authority of the employer.

Fill all relevant information in ETA 9035.

  1. Submit it.
  2. If everything is okay, LCA will be certified.
  3. Once ETA 9035 IS approved, attach a copy of that to H-1B petition. Also Display or keep your records in your principal place of business

 

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