Submitting ETA-9035/9035E Made Easier on Updated FLAG Platform

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Key Takeaways

Employers must submit Form ETA-9035/9035E for H-1B, H-1B1, or E-3 visas via the FLAG online portal.
A Login.gov account is required to access FLAG, ensuring seamless submission and monitoring of Labor Condition Applications.
Accurate wage details and compliance with Department of Labor guidelines are critical to avoid processing delays and errors.

Embarking on the process of filling out Form ETA-9035/9035E, also known as the Labor Condition Application (LCA), is a vital step for employers seeking to hire Nonimmigrant Workers under the H-1B, H-1B1, or E-3 visa categories. This application ensures compliance with labor regulations, particularly regarding wage fairness and employment conditions. Below, we provide an extensive guide to completing this form through the Foreign Labor Application Gateway (FLAG) system to help you navigate this process easily and effectively.

Submitting ETA-9035/9035E Made Easier on Updated FLAG Platform

Introduction to the FLAG System

The FLAG system is the online platform managed by the U.S. Department of Labor (DOL) for applications like the ETA-9035/9035E. FLAG works seamlessly on web browsers like Google Chrome, Safari, and Mozilla Firefox, ensuring a user-friendly interface. All applications must be filed online via this portal, making it an essential tool in the LCA submission process.

Having a Login.gov account is mandatory to access FLAG, as it serves as your gateway to begin the application. Below is a step-by-step guide to help you submit a Labor Condition Application accurately and without unnecessary delays.

Step-by-Step Guide to Completing ETA-9035/9035E on FLAG

Step 1: Set Up Your Account

Begin by creating an account on Login.gov if you do not already have one. Login.gov simplifies access to government services using a single set of credentials.
Use your Login.gov details to log in to the FLAG system via flag.dol.gov. Once inside, the “New Application” tab will automatically launch.

Step 2: Starting a New Application

Under “H-1B Labor Condition Application (LCA),” select the “Create New” button. This will direct you to begin filling out the ETA-9035/9035E form.

Step 3: Visa Classification Information

Indicate the visa classification relevant to your application. Choose options like “H-1B,” “H-1B1 Chile,” “H-1B1 Singapore,” or “E-3 Australia,” and then click “Continue.”

Step 4: Temporary Need Information

Fill out all required fields under “Temporary Need Information.” Ensure this section aligns with the circumstances of the proposed employment.

Step 5: Employer Information

Provide accurate employer details under the “Employer Information” section. Depending on how data is entered in Field C.8, additional fields (C.5 to C.7) may also require input.

Step 6: Employer Point of Contact

Populate the “Employer Point of Contact Information” section completely. This serves as the primary communication channel for queries related to the application.

Step 7: Attorney or Agent Information

If you have enlisted the services of an attorney or agent, complete the required fields in this section. If not applicable, select “None” and proceed by clicking “Continue.”

Step 8: Employment and Wage Information

Under this section:
- Provide specifics on employment terms and the wage rate.
- If you obtained a Prevailing Wage Determination (PWD) from the Department of Labor, enter the PWD tracking number in Field F.12a.
- For other PWD sources, select the Wage Level and Source Year. Ensure this information corresponds with credible wage databases like the Occupational Employment Statistics (OES).
- Note: Always save data before leaving this section by clicking the “Add Place of Employment” button. Failure to do so will result in losing entered information.
Enter details for any additional Places of Employment. After completing each entry, click “Add Place of Employment.” Repeat as required, and hit “Continue” once done.

Step 9: Employer Labor Condition Statements

Carefully read through the “Employer Labor Condition Statements.” Acknowledge your understanding and compliance by selecting Field G.1 before proceeding.

Step 10: Additional Statements and Employer Obligations

Address the fields under “H-1B: Additional Employer Labor Condition Statements” as instructed. Depending on the responses in Field H.1 and subsequent fields, further submission may be required.
Specify where the Public Disclosure Information for the application will be kept under “Employer Obligations.” Select one or both options provided.

Step 11: LCA Preparer Information

If someone other than the Employer’s Contact or Attorney prepared the form, fill out Section K (Fields K.1 – K.5) with the preparer’s details. If not, leave this section blank and click “Continue.”

Step 12: Attach Educational Documents (if applicable)

Based on prior selections, Appendix A – “Educational Attainment Documentation” may require uploading documents, particularly to verify the worker’s qualifications.

Step 13: Review and Submit

The “Review & Submit” section allows for final checks. Carefully validate all entries. Use the light purple drop-down selector to navigate different sections, revisiting any incomplete fields listed.
Once corrections are complete, review the summary of information for accuracy. Expand entries using the arrows where necessary.
When satisfied, click “Submit.” Once submitted, you’ll receive a success confirmation with a temporary case number. Monitor its status under the “Cases” tab in FLAG. Permanent case numbers are issued upon further processing.

Step 14: Reusing Case Data (if applicable)

If you need to submit another LCA, begin by selecting “New Application.” For previously completed cases, FLAG offers a “Re-use” option.
Use the “Case Lookup” feature to identify cases for reuse. Select sections to populate into your new application, making any necessary updates before resubmitting.

Tips to Avoid Common Pitfalls

Always Save Your Data: Missing the “Add Place of Employment” button can result in the loss of entered information. Save frequently while working on dynamic sections like wage inputs and employment locations.
Double-Check Required Fields: FLAG will block submission if mandatory fields are incomplete. Use the error list at the “Review & Submit” stage to resolve any pending tasks.
Accurate PWD Data: Ensure that the prevailing wage information aligns with DOL guidelines to circumvent potential processing delays.

Post-Submission Monitoring

After successful submission, you can monitor the status of your Labor Condition Application in the FLAG system’s “Cases” tab. Confirmation emails will include temporary or permanent case numbers. This feature enables employers to keep track of LCA progress and address any additional evidence requests promptly.

For more authoritative information on the LCA process or ETA-9035/9035E form, visit the official U.S. Department of Labor FLAG FAQ page.

Final Words

Submitting an ETA-9035/9035E application is a crucial legal responsibility when hiring under the H-1B, H-1B1, or E-3 visas. This guide outlines each necessary step to prevent errors during submission. With proper preparation and attention to detail, employers can meet U.S. labor standards and secure employment authorization for Nonimmigrant Workers. As reported by VisaVerge.com, understanding and adhering to such regulatory processes ensures smoother compliance and avoids legal hiccups in the future. Whether you’re a first-time user of FLAG or a seasoned applicant, diligent execution of the above steps will simplify the experience.

Learn Today

Labor Condition Application (LCA) → A required document ensuring fair wages and employment conditions for Nonimmigrant Workers under specific U.S. visa categories.
FLAG System → An online platform by the U.S. Department of Labor (DOL) for submitting labor-related applications like the ETA-9035/9035E.
Prevailing Wage Determination (PWD) → An official wage level defined by the DOL, ensuring competitive and fair compensation for specific job roles.
H-1B Visa → A U.S. visa category allowing employers to hire skilled foreign workers in specialty occupations temporarily.
Login.gov → A secure portal providing a single login credential to access multiple U.S. government services, including the FLAG system.

This Article in a Nutshell

Navigating the ETA-9035/9035E, or Labor Condition Application, is essential for hiring under H-1B, H-1B1, or E-3 visas. Use the U.S. Department of Labor’s FLAG system to streamline submissions. Double-check wage details, save data frequently, and review thoroughly before submitting. Precision ensures compliance, faster approvals, and smooth nonimmigrant employment authorization.
— By VisaVerge.com