5 Essential Facts About Eta Form 9035

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When it comes to the complexities of U.S. immigration law, one document that plays a critical role in the process for foreign nationals seeking to work in the United States is the Eta Form 9035, also known as the Labor Condition Application (LCA). This form is a crucial part of the H-1B visa application process, among others, and is used to attest that the hiring of a foreign worker will not adversely affect the working conditions of U.S. workers. In this article, we will delve into five essential facts about the Eta Form 9035 that employers and foreign nationals should know.

What is the Eta Form 9035?

The Eta Form 9035, or Labor Condition Application (LCA), is a document that U.S. employers must file with the U.S. Department of Labor (DOL) when they intend to hire foreign nationals to work in the United States temporarily in certain non-immigrant visa categories, such as the H-1B, H-1B1, and E-3. The form is used to attest that the hiring of a foreign worker will not harm the working conditions of U.S. workers and that the foreign worker will be paid the prevailing wage for the position.

What is the Purpose of the Eta Form 9035?

The primary purpose of the Eta Form 9035 is to protect U.S. workers by ensuring that foreign workers are not used to undercut their wages or working conditions. The form requires employers to attest that they will pay the foreign worker the prevailing wage for the position and that the working conditions will not be less favorable than those provided to U.S. workers. This helps to prevent the exploitation of foreign workers and ensures that U.S. workers are not unfairly disadvantaged.

Key Elements of the Attestation

When filing the Eta Form 9035, employers must attest to the following:

• The employer will pay the foreign worker the prevailing wage for the position, as determined by the DOL.
• The employer will provide working conditions that are not less favorable than those provided to U.S. workers.
• The employer will not use the hiring of foreign workers to undercut the wages or working conditions of U.S. workers.
• The employer will provide notice to U.S. workers of the intent to hire foreign workers.

How to File the Eta Form 9035

The Eta Form 9035 can be filed electronically through the DOL's iCert Portal. Employers must create an account and follow the instructions provided to complete and submit the form. The form must be filed at least 7 days before the start date of the foreign worker's employment.

Consequences of Non-Compliance

Failure to comply with the requirements of the Eta Form 9035 can result in serious consequences, including:

• Fines and penalties
• Debarment from filing future labor condition applications
• Revocation of approved petitions
• Back pay and other damages to affected U.S. workers

Conclusion and Next Steps

In conclusion, the Eta Form 9035 is a critical document that employers must file when hiring foreign nationals to work in the United States temporarily. By understanding the purpose, key elements, and filing requirements of the form, employers can ensure compliance with U.S. immigration law and avoid potential consequences.

If you are an employer or foreign national seeking to navigate the complexities of U.S. immigration law, we invite you to share your thoughts and questions in the comments below. Don't forget to share this article with others who may benefit from this information.

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