How to File
Labor Condition Application for H1B by Using the FLAG
How to file the Labor Condition Application for H1B, by using the Foreign Labor Application Gateway (FLAG) system?
As part of the technology modernization initiative, the Foreign Labor Application Gateway (FLAG) System (https://www.foreignlaborcert.doleta.gov/pwscreens.cfm) has been developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs through the Employment and Training Administration's Office of Foreign Labor Certification (OFLC).
OFLC is making this public service announcement to alert employers and other interested stakeholders about implementation of its new FLAG System for the Labor Condition Application (LCA) programs covering the H-1B and E-3 visa classifications. Beginning September 16, 2019, the FLAG System's LCA Program Module will be enabled and stakeholders will be able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E.
OFLC has created instructional videos to help educate the stakeholder community on how to create and manage a FLAG System account and prepare the Form ETA-9035E. To obtain more information and view these instructional videos, please visit the LCA Program page on the FLAG System.
Employers must submit a Labor Condition Application (Form ETA-9035/ 9035E) to the Department of Labor electronically through the FLAG system attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program. LCAs must not be submitted more than 6 months before the beginning date of the period of employment. The two exceptions to electronic filing are employers with physical disabilities or those who lack Internet access and cannot electronically file the Form ETA-9035E. An employer must petition the Administrator of OFLC for prior special permission to file an LCA by mail on the Form ETA-9035.
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