Important H1B Requirements - Labor Condition Application

Labor Condition Application

Prior to filing an H1B petition package, Kenyon must certify that: (From ETA Form 9035 and 9035E, Labor Condition Application (LCA) for Nonimmigrant Workers)

• We pay nonimmigrants at least the local prevailing wage or the Kenyon’s actual wage, whichever is higher, and pay for non-productive time.  We offer nonimmigrants benefits on the same basis as offered to U.S. workers.
• We provide working conditions for nonimmigrants which will not adversely affect the working conditions of workers similarly employed.
• There is no strike, lockout, or work stoppage in the named occupation at Kenyon.
• Notice to union or to workers has been or will be provided in the named occupation at the Kenyon, and a copy of this form will be provided to each nonimmigrant worker employed pursuant to the application.

This certification is completed by filling out the Labor Condition Application, Form ETA 9035.  Kenyon must provide notice to the community that we are filing an LCA in two ways: by posting a notice of the filing in HR or the Provost’s Office thirty days prior to filing, for at least thirteen consecutive days (Federal requirements are ten days, however Kenyon’s counsel advises thirteen days); and by providing a notice of filing to the nonimmigrant applicant.  Once submitted, the U.S. Department of Labor will respond within seven days with approval to proceed with the H1B petition.  Kenyon will receive in return, a certified copy of the LCA.  Three hardcopies of the LCA must be printed and given to 1) the applicant 2) the USCIS and 3) stored within Kenyon’s Public Access Files (See Important Terms).