Form Eta 9035cp - Labor Condition Application Cover Pages (Page 6 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

Instruction for Section F-1 - Subsection 2

Additional Employer Labor Condition Statements

All employers (1) that are H-1B dependent (as defined above) and/or (2) that have 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), must read and agree to statements (A) through (C) below and demonstrate that agreement by

marking "Yes" in Section F-1 - Subsection 2 of Form ETA 9035 and by signing the application form. The employer

agrees to develop and maintain documentation supporting labor condition statements (A), (B), and (C) as specified in 20

CFR 655.738 and 655.739 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 identified in Item B. The employer agrees:

(A)

Displacement: The employer will not displace any similarly employed U.S. worker within the period beginning 90

days before and ending 90 days after the date of filing a petition for an H-1B nonimmigrant supported by the

application. See 20 CFR 655.738.

(B)

Secondary Displacement: The employer will not place any H-1B nonimmigrant employed pursuant to this

application with any other employer or at another employer's worksite UNLESS the employer applicant first

makes a bona fide inquiry as to whether the other employer has displaced or intends to displace a similarly

employed U.S. worker within the period beginning 90 days before and ending 90 days after the placement,

and the employer applicant has no contrary knowledge.

If the other employer displaces a similarly employed U.S. worker during such period, the

displacement will constitute a failure to comply with the terms of the labor condition application

and the employer applicant may be subject to civil money penalties and debarment. See 20 CFR

655.738.

C) Recruitment and Hiring: Prior to filing any petition for an H-1B nonimmigrant pursuant to this application, the

(

employer took or will take good faith steps meeting industry-wide standards to recruit U.S. workers for the job for

which the nonimmigrant is sought, offering compensation at least as great as required to be offered to the H-1B

nonimmigrant. The employer will (has) offer(ed) the job to any U.S. worker who (has) applied and is equally or

better qualified than the H-1B nonimmigrant. See 20 CFR 655.739.

This labor condition statement "C" does not apply to the employment of an H-1B nonimmigrant who is a

"priority worker" (defined as a person with extraordinary ability, or outstanding professors or researchers, or

certain multi-national executives or managers) within the meaning of Section 203 (b)(1)(A), (B), or (C) of the

Immigration and Nationality Act, 8 U.S.C. 1153.

46026

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

Form ETA 9035CP -

ONLY the completed Labor Condition Application for

Page 6 of 10

Nonimmigrant Workers - Form ETA 9035.

Form Eta 9035cp - Labor Condition Application Cover Pages Page 6

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