Form Eta 9035cp - Labor Condition Application Cover Pages (Page 4 of 10) in pdf

Labor Condition

Form ETA 9035CP

U.S. Department of Labor

Application

OMB Approval: 1205-0310

Employment and Training Administration

Cover Pages

Expiration Date: 11/30/2008

Instructions for Section F

Employer Labor Condition Statements

The employer must read and agree to statements (1) through (4) below and demonstrate that agreement by marking "Yes"

in Section F of Form ETA 9035 and by signing the application form. The employer agrees to develop and maintain

documentation supporting labor condition statements (1) and (4) as specified in 20 CFR 655.731 and 655.734, and to make

this documentation available to DOL officials upon request. The employer also agrees to make available for public

examination a copy of the labor condition application and necessary supporting documentation as specified in 20 CFR

655.760 within one (1) working day after the date on which the application has been filed with DOL. This documentation

must be retained for public examination at the place of employment or the employer's principal place of business, as

specified in Item H.

1. Wages: The employer attests that H-1B, H-1B1, or E-3 nonimmigrants will be paid wages which are at least the higher of

the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific

employment in question or the prevailing wage level for the occupational classification in the area of intended employment.

By marking "Yes" in section F, the employer also attests that it will pay these nonimmigrants the required wage for time in

nonproductive status due to a decision of the employer or due to the nonimmigrant's lack of a permit or license. The employer

further attests that these nonimmigrants will be offered benefits and eligibility for benefits on the same basis, and in

accordance with the same criteria, as offered to U.S. workers. See 20 CFR 655.731.

2. Working Conditions: The employer attests that the employment of H-1B, H-1B1, or E-3 nonimmigrants in the named

occupation will not adversely affect the working conditions of workers similarly employed. The employer further attests that

nonimmigrants will be afforded working conditions on the same basis, and in accordance with the same criteria, as offered

to similarly employed U.S. workers. See 20 CFR 655.732.

3. Strike, Lockout, or Work Stoppage: The employer attests that on the date the application is signed and submitted, there is

not a strike, lockout, or work stoppage in the course of a labor dispute in the named occupation at the place of employment

and that, if such a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA

within three (3) days of such occurrence and the application will not be used in support of a petition filing with USCIS for

H-1B, H-1B1, or E-3 nonimmigrants to work in the same occupation at the place of employment until ETA determines the

strike, lockout, or work stoppage has ceased. See 20 CFR 655.733.

4. Notice: The employer attests that as of the date of filing, notice of the labor condition application has been or will be

provided to workers employed in the named occupation. Notice of the application shall be provided to workers through the

bargaining representative, or where there is no such bargaining representative, notice of the filing shall be provided either

through physical posting in conspicuous locations where H-1B, H-1B1, or E-3 nonimmigrants will be employed, or through

electronic notification to employees in the occupational classification for which nonimmigrants are sought. The employer

also attests that each nonimmigrant employed pursuant to the application will be provided with a copy (or original, as

appropriate) of the certified Form ETA 9035, and provided with a copy of ETA 9035CP if requested. As stated above, for

H-1B1 and E-3 nonimmigrants, the employer must provide the certified Labor Condition Application to the nonimmigrant,

who must follow the H-1B1 or E-3 procedures of USCIS and the Department of State. This notification shall be provided no

later than the date the nonimmigrant reports to work at the place of employment. See 20 CFR 655.734.

Please note that you have read and agree to these conditions by marking "Yes" in Section F of the Labor Condition

Application for Nonimmigrant Workers (Form ETA 9035).

46026

Do Not Fax these cover pages (Form ETA 9035CP). Fax

Form ETA 9035CP -

ONLY the completed Labor Condition Application for

Page 4 of 10

Nonimmigrant Workers - Form ETA 9035.

Form Eta 9035cp - Labor Condition Application Cover Pages Page 4

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