DOL Announces OMB Approval of Revisions to ETA Form 9035/9035E
From the DOL website:
November 8, 2018. OMB Approval of Revisions to the ETA Form 9035/9035E and WH-4
In accordance with the Secretary's June 6, 2017, News Release, which calls for form changes to better protect American workers, confront fraud, and increase transparency, the Office of Foreign Labor Certification (OFLC) is announcing revisions to the Labor Condition Application (LCA) information collection. The revisions include the ETA Form 9035/9035E, Labor Condition Application for Nonimmigrant Workers, for H-1B, H-1B1, and E-3 Nonimmigrants; Form WH-4, Nonimmigrant Worker Information Form; and all applicable instructions and electronic versions. The ETA Form 9035/9035E is used in the Department of Labor's (DOL) employment-based temporary immigration programs to request permission to bring foreign workers to the United States as nonimmigrants to perform certain work in specialty occupations or as fashion models of distinguished merit and ability. The WH-4 form is used to request that DOL's Wage and Hour Division initiate an investigation related to alleged violations of the H-1B, H-1B1, or E-3 program requirements.
IMPLEMENTATION PROCEDURES
The Department is updating the electronic filing system for the ETA Form 9035/9035E, and anticipates full implementation of the form on November 19, 2018. The existing ETA Form 9035/9035E remains valid and the public can continue to file it until November 19, 2018. Employers or their authorized representatives filing the ETA Form 9035/9035E on or after November 19, 2018, must use the revised form approved by the Office of Management and Budget.
OFLC will host two webinars on November 14, 2018, designed to provide technical assistance to employers and, if applicable, their authorized attorneys or agents in completing and submitting an LCA using the revised ETA Form 9035/9035E.