U.S. Department’s labor certification programs are designed to assure that the admission of foreign nationals to work in this country on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of U.S. workers. The U.S. Department of Labor administers five alien labor certification programs: Permanent Labor Certification (PERM), H-2B Temporary Labor Certification, H-2A Temporary Labor Certification, H-1B Specialty (Professional) Workers and D-1 Crewmembers.

In order to prepare & submit the labor condition application (ETA Form 9035E) for nonimmigrant worker, the employer/ petitioner need to have the following (a) Petitioner & (b) Proposed Occupation information as well as (c) Prevailing Wage Information:

(a)Petitioner Information: Petitioner Legal Name, Address, Phone Number, E-Mail ID, Name of the signing Authority, Title of The Signing Authority & Federal Tax Identification Number issued by Internal Revenue Services (IRS) or Social Security Number (SS) (If Employer is an Individual)

(b)Occupation Information: Title of The Proposed Position, Three Digit Code, Proposed Salary, Prevailing Wage for the occupation, Location of Proposed Employment (Name of the Place and County)

1. How do I find the occupation title for the proposed position?
Finding the Proposed Occupation is very tricky and sometimes it is even harder to find the right occupation title to match the job duties. Employers can review the job description of the proposed position with occupations listed with O*NET Code Connector, http://www.onetcodeconnector.org/ and recheck the job description and find an occupation title.

The O*NET program is the nation's primary source of occupational information. Central to the project is the O*NET database, containing information on hundreds of standardized and occupation-specific descriptors. The database, which is available to the public at no cost, is continually updated by surveying a broad range of workers from each occupation. Information from this database forms the heart of O*NET OnLine, an interactive application for exploring and searching occupations. This is a valuable assessment instruments for workers and students looking to find careers.

2. How do I get the three-digit occupation code for the proposed position?

You can easily find the occupation three-digit code in the Occupational Group Arrangement in The Dictionary of Occupational Titles (4th Edition1991). Please visit the http://www.oalj.dol.gov/LIBDOT.HTM and find the first three digits in the occupation Group Arrangement.

*** If you are unable to access the link, use the attached PDF to find three-digit code of the occupation.

How to use the Occupational Group Arrangement:

Find the 1-digit occupational category, which seems most likely to contain the job.

For Example
“Professional, Technical, and Managerial Occupations”

Then find the most appropriate 2-digit occupational division of the category.

Example:
03 COMPUTER-RELATED OCCUPATIONS

Then find the best 3-digit group within the division
Examples:
030 OCCUPATIONS IN SYSTEMS ANALYSIS & PROGRAMMING
031 OCCUPATIONS IN DATA COMMUNICATIONS & NETWORKS

(c)How do I find out prevailing wage for the proposed position?
The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. This wage rate is usually obtained by contacting the State Workforce Agency (SWA) having jurisdiction over the geographic are of intended employment or from other legitimate sources of information, such as the Online Wage Library.

The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers working in the occupation in the area of intended employment. To comply with the statute, the Department's regulations require the wages offered to a foreign worker must be the prevailing wage rate for the occupational classification in the area of employment.

Please visit http://www.flcdatacenter.com/OesWizardStart.aspx and select the state, county and occupation and find the prevailing wage for the proposed occupation in the intended area of employment.

What is Next?

All the Petitioners/Employers must submit Labor Condition Application (LCA) for nonimmigrant workers, Form ETA 9035E, through the Department of Labor's online system. Please visit www.lca.doleta.gov and submit an application. Employers who wish to submit more than one application may register with the U.S. Department of Labor and obtain a User ID and Password.

However, Petitioners/Employers with physical disabilities that prohibit them from filing electronic applications may submit a written request to file their labor condition applications by U.S. Mail. Such requests must be made prior to submitting an application and should be addressed to:

Administrator, Office of Foreign Labor Certification
Employment & Training Administration
Department of Labor
Room C-4312
200 Constitution Avenue, NW
Washington, DC 20210