• H-1B requests reach cap for fiscal year 2004. Click HERE to read the Press Release.

• For LCAs electronically filed on our web site, a response can be expected in minutes or, in the case of a question regarding the prevailing wage source, the next working day. Assistance in electronically filing LCA’s may be obtained by contacting: LCAHelp@doleta.gov

• For LCAs submitted by facsimile, the response can be expected within two workdays. If you have not had a response within two workdays, please call 877-872-5627 for assistance.

Attention! Please read the following

1. You must have Adobe Acrobat to view the PDF form. Click HERE to download now.
   
   
2. The Acrobat Form ETA 9035 is a large file and may take up to 90 seconds to download. If you experience problems downloading the Acrobat form try downloading the form as a self extracting zip file.
   
   
3. A number of statutory requirements and authorities under the INA, as amended by the American Competitiveness and Workforce Improvement Act of 1998, sunset on October 1, 2003. The specific program changes that occurred included:
   • A reduction in the cap on the number of available H-1B visas from 195,000 to 65,000 per fiscal year;
   • The elimination of the Recruitment and Hiring and the Displacement and Secondary Displacement attestations that previously applied to “H-1B dependent” employers and to employers found to have committed a willful violation or misrepresentation of a material fact on the application;
   • The elimination of authority granted to DOL to investigate H-1B employers if they have “specific, credible evidence” that a violation has occurred; and
   • The elimination of the $1,000 fee that is required to be paid by employers of H-1B nonimmigrants to support low-income scholarships and job training programs for workers.
   The recruitment and displacement attestations noted above, and the instructions relating to them, were previously outlined in Subsections 1 and 2 of Section F. Due to the possibility that these attestations may be reenacted by the Congress, the Department has temporarily blanked out these portions of the application and instructions.
   
   The previous edition of this application form, displaying an OMB Expiration Date in the upper-right-hand corner of 31 AUG 2003, should no longer be submitted by employers seeking to hire H-1B nonimmigrants.
   
   
4. We recommend that you print and read the Frequently Asked Questions for use with this form.