ETA-9035: Labor Condition Application (LCA)
The essential Department of Labor form for U.S. employers sponsoring foreign talent under H-1B, H-1B1, and E-3 visa programs.
Fill Out ETA-9035 OnlineWhat Exactly is Form ETA-9035?
Form ETA-9035, officially known as the Labor Condition Application for Nonimmigrant Workers (LCA), is a mandatory document managed by the U.S. Department of Labor (DOL). Before an employer can petition U.S. Citizenship and Immigration Services (USCIS) for certain work visas, they must first get this application certified by the DOL.
The form's primary purpose is to protect U.S. workers. By signing it, an employer makes several legally binding promises (attestations). For example, you must prove that hiring the foreign worker won't negatively impact the wages or working conditions of similarly employed U.S. workers, and that you are paying the nonimmigrant worker a fair, prevailing wage.
Who Must File This Form?
ETA-9035 is strictly an employer-filed form. The foreign worker does not fill this out. You must file this form if your business is seeking to employ foreign nationals under the following visa categories:
- H-1B: Specialty occupations requiring highly specialized knowledge (e.g., software engineers, financial analysts).
- H-1B1: Specialty occupations specifically for professionals from Chile and Singapore.
- E-3: Specialty occupation professionals from Australia.
There are no specific income thresholds or business size limits for the employer; whether you are a massive tech conglomerate or a small startup, if you want an H-1B worker, you need a certified ETA-9035.
Detailed Form Walkthrough
The ETA-9035 is a dense document divided into several critical sections. Here is what you will need to navigate:
Employer & Attorney Information
You will start by providing standard business details: your legal business name, trade name (if any), Federal Employer Identification Number (FEIN), NAICS code, and contact information. If an immigration attorney is preparing the form on your behalf, their details and state bar number go in the subsequent section.
Employment & Wage Details
This is the core of the application. You must specify the job title, the Standard Occupational Classification (SOC) code, and the exact period of intended employment. You are also required to state the wage rate you will pay the worker and the official Prevailing Wage for that role in that specific geographic area. The wage you offer must equal or exceed the prevailing wage.
Worksite Locations
The DOL needs to know exactly where the employee will be sitting. You must list the primary worksite address and any secondary locations. If the employee is working remotely from home, their home address must be listed as a worksite.
Employer Attestations
By submitting the form, you are legally swearing to four main conditions:
- Wages: You will pay the higher of the prevailing wage or the actual wage paid to similar employees.
- Working Conditions: The employment won't adversely affect the working conditions of other workers.
- Strike/Lockout: There is no current strike or lockout at the worksite.
- Notice: You have notified your current employees (or their bargaining representative) about this LCA filing.
Deadlines and Filing Rules
Timing is strict for the ETA-9035. You cannot file the LCA more than 6 months (183 days) before the intended start date of employment. Once submitted, the DOL typically takes about 7 working days to process and certify the application. Always check with the Department of Labor (DOL) for the current year's processing times and rules.
What to Have Ready
- Your company's FEIN and NAICS code.
- A formal Prevailing Wage Determination (PWD) or reliable wage survey data.
- The exact SOC (Standard Occupational Classification) code for the job.
- Full addresses for all intended worksites, including remote home offices.
How to Complete ETA-9035 on AmendSign
Skip the confusing PDF formatting and complete your LCA efficiently:
- Enter Information: Click the button below to open our guided questionnaire. Input your company, wage, and worksite details step-by-step.
- Review & Validate: Our system helps catch common formatting errors, ensuring your SOC codes and FEINs are structured correctly.
- Sign Electronically: The authorized signatory for the employer can apply a legally binding e-signature directly on the platform.
- Download PDF: Export the finalized, properly formatted ETA-9035 to submit to the DOL's FLAG system.
Frequently Asked Questions
No. The ETA-9035 is only required for specific nonimmigrant visa categories, primarily the H-1B, H-1B1, and E-3 visas. Other visas, like the L-1 or O-1, do not require an LCA.
You cannot file an H-1B petition with USCIS until the DOL has certified your ETA-9035. If you delay filing the LCA, you will delay the entire visa process, potentially missing the H-1B cap window or the employee's required start date.
Absolutely not. Federal law mandates that the employer must bear all costs associated with the preparation and filing of the ETA-9035 (LCA) and the subsequent H-1B petition. Deducting these costs from the worker's wages is a serious violation.
An approved LCA is valid for the period of employment indicated on the form, up to a maximum of three years (or two years for E-3 and H-1B1 visas). After it expires, you must file a new LCA to extend the worker's employment.
If the employee moves to a new worksite outside the original Metropolitan Statistical Area (MSA) listed on the approved ETA-9035, you generally must file a new LCA and an amended H-1B petition before they begin working at the new location.