This section is under development
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LCA and H-1b Data
Criteria DOL uses to approve or deny an LCA - "Determination"
As explained in
20 CFR 655.740
the DOL staff MUST certify all LCAs provided they are completely filled out. It is like
registering your car - you fill out the form and they give you a certificate.
(1) Certification on labor condition application. Where all items on Form ETA 9035 or Form ETA 9035E have been completed, the form is not obviously inaccurate, and in the case of Form ETA 9035, it contains the signature of the employer or its authorized agent or representative, the regional Certifying Officer shall certify the labor condition application unless it falls within one of the categories set forth in paragraph (a)(2) of this section.
(2) Determinations not to certify labor condition applications. ETA shall not certify a labor condition application and shall return such application to the employer or the employer's authorized agent or representative, when either or both of the following two conditions exists:
(i) When the Form ETA 9035 or 9035E is not properly completed.
(ii) When the Form ETA 9035 or ETA 9035E contains obvious inaccuracies.