Form Eta 9035cp - Labor Condition Application Cover Pages (Page 5 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-1 - Subsection 1

Additional Employer Labor Condition Statements - H-1B Employers Only

Please Note: The determination as to whether an employer is H-1B dependent is a function of the number of H-1B

nonimmigrants employed as a proportion of the total number of full-time equivalent employees employed in the U.S. The

following table can be used to determine whether the employer is or is not H-1B dependent:

An employer is H-1B dependent if it employs in the U.S.:

Number of Full-Time Equivalent Employees

Number of H-1B Nonimmigrant Employees:

( including U.S. and H-1B workers):

1 to 25

8 or more

26 to 50

13 or more

51 or more

15% or more of workforce

(U.S. and H-1B workers).

See 20 CFR 655.736 for more detailed guidance as to what constitutes an "H-1B dependent employer" or a "willful violator".

All H-1B employers are required to choose one of the following alternatives in order for an application regarding an

H-1B nonimmigrant to be processed. Please note the alternative chosen by marking A, B, or C in section F-1 -

Subsection 1 of the Labor Condition Application for Nonimmigrant Workers (Form ETA 9035).

Alternative A - The employer is not H-1B dependent (as defined above) and has not been found to have committed a

willful violation or a misrepresentation of a material fact during the five (5) year period preceding the

date of this application (and after October 20, 1998). The employer agrees to maintain the documentation

required by 20 CFR 655.736 where applicable.

If an employer chooses Alternative A and is or becomes H-1B dependent or was found,

prior to the date of filing, to have committed a willful violation or a misrepresentation, the

submitted labor application shall be deemed invalid and may not be used in support of a new

petition or extension of a petition for an H-1B nonimmigrant. By choosing Alternative A, the

employer also acknowledges that if it uses this application despite its invalidity, it is required to

comply with the Additional Employer Labor Condition Statements in Section F-1 - Subsection 2.

Alternative B - The employer is an H-1B dependent employer and/or the employer has been found during the five (5) year

period preceding the date of this application (and after October 20, 1998) to have committed a willful

violation or a misrepresentation of a material fact.

If Alternative B is chosen, Section F-1 - Subsection 2 of Form ETA 9035 MUST be filled out.

Alternative C - The employer is an H-1B dependent employer and/or the employer has been found during the five (5) year

period preceding the submittal date of this application (and after October 20, 1998) to have committed a

willful violation or a misrepresentation of a material fact, BUT the employer will use this labor condition

application ONLY in support of petitions or extensions of status for exempt H-1B nonimmigrants

who will receive wages at a rate equal to at least $60,000 per year, or have attained a master's

degree (or equivalent or higher degree) in a specialty related to the employment. The employer also agrees

to maintain documentation required by 20 CFR 655.737.

By choosing Alternative C, the employer acknowledges that if it uses this application in support of a

petition or extension of a petition of an H-1B nonimmigrant who is not exempt, it is required to

comply with the Additional Employer Labor Condition Statements in Section F-1 - Subsection 2

with respect to all H-1B nonimmigrants supported by this application.

46026

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

Form ETA 9035CP -

ONLY the completed Labor Condition Application for

Page 5 of 10

Nonimmigrant Workers - Form ETA 9035.

Form Eta 9035cp - Labor Condition Application Cover Pages Page 5

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