DOL Proposes Changes to Labor Condition Application Form ETA 9035

On August 3, 2017, the U.S. Department of Labor (“DOL”) formally notified the public that it intends to change Form ETA 9035. Form ETA 9035 is the Labor Condition Application that U.S. employers must file before seeking a temporary work visa for a professional worker under the H-1B program, as well as the H-1B1 program for professionals from Chile and Singapore, and the E-3 program for professionals from Australia.

The main purpose of Form ETA 9035 is to allow the DOL to confirm that a U.S. employer intending to hire a foreign professional under the H-1B, H-1B1 or E-3 visa programs is complying with the regulatory duty to pay the higher of the prevailing wage in the geographic area of employment, or the actual wage paid other similar employees in the employer’s worksite.

The DOL must approve Form ETA 9035 before a U.S. employer is authorized to seek a visa before U.S. Citizenship and Immigration Services.

Comments from the public must be submitted no later than October 2, 2017.

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