Eta Form 9035 & 9035e Draft - Labor Condition Application For Nonimmigrant Workers (Page 4 of 6) in pdf

OMB Approval: 1205-0310

Expiration Date:

XX/XX/XXXX

Labor Condition Application for Nonimmigrant Workers

ETA Form 9035 & 9035E

U.S. Department of Labor

G. Employer Labor Condition Statements



Important Note: In order for your application to be processed, you MUST read Section H of the Labor Condition Application – General

Instructions Form ETA 9035CP under the heading “Employer Labor Condition Statements” and agree to all four (4) labor condition

statements summarized below:

(1) Wages: The employer shall pay nonimmigrant workers at least the prevailing wage or the employer’s actual wage, whichever is

higher, and pay for non-productive time. Offer nonimmigrant workers benefits and eligibility for benefits provided as compensation

for services on the same basis as the employer offers to U.S. workers. The employer shall not make deductions to recoup a

business expense(s) of the employer including attorney fees and other costs connected to the performance of H-1B, H-1B1, or E-3

program functions which are required to be performed by the employer. This includes expenses related to the preparation and filing

of this LCA and related visa petition information. 20 CFR 655.731;

(2) Working Conditions: The employer shall provide working conditions for nonimmigrants which will not adversely affect the working

conditions of workers similarly employed. The employer’s obligation regarding working conditions shall extend for the duration of the

validity period of the certified LCA or the period during which the worker(s) working pursuant to this LCA is employed by the

employer, whichever is longer. 20 CFR 655.732;

(3) Strike, Lockout, or Work Stoppage: At the time of filing this LCA, the employer is not involved in a strike, lockout, or work

stoppage in the course of a labor dispute in the occupational classification in the area(s) of intended employment. The employer will

notify the Department of Labor within 3 days of the occurrence of a strike or lockout in the occupation, and in that event the LCA will

not be used to support a petition filing with the U.S. Citizenship and Immigration Services (USCIS) until ETA determines that the

strike or lockout has ended. 20 CFR 655.733; and

(4) Notice: Notice of the LCA filing was provided no more than 30 days before the filing of this LCA or will be provided on the day this

LCA is filed to the bargaining representative in the occupation and area of intended employment, or if there is no bargaining

representative, to workers in the occupation at the place(s) of employment either by electronic or physical posting. This notice was

or will be posted for a total period of 10 days, except that if employees are provided individual direct notice by e-mail, notification

need only be given once. A copy of the notice documentation will be maintained in the employer’s public access file. A copy of this

LCA will be provided to each nonimmigrant worker employed pursuant to the LCA. The employer shall, no later than the date the

worker(s) report to work at the place(s) of employment, provide a signed copy of the certified LCA to the worker(s) working pursuant

to this LCA. 20 CFR 655.734.

1. I have read and agree to Labor Condition Statements 1, 2, 3, and 4 above and as fully explained in

Section H of the Labor Condition Application – General Instructions – Form ETA 9035CP and the

 Yes

 No

Department’s regulations at 20 CFR 655 Subpart H. *

H. Additional Employer Labor Condition Statements – H-1B Employers ONLY



Important Note: In order for your H-1B application to be processed, you MUST read Section I – Subsection 1 of the Labor Condition

Application – General Instructions Form ETA 9035CP under the heading “Additional Employer Labor Condition Statements” and answer

the questions below.

a. Subsection 1

 Yes

 No

1. At the time of filing this LCA, is the employer H-1B dependent? §

 Yes

 No

2. At the time of filing this LCA, is the employer a willful violator? §

3. If “Yes” is marked in questions H.1 and/or H.2, you must answer “Yes” or “No” regarding

 Yes

 No

whether the employer will use this application ONLY to support H-1B petitions or extensions of

status for exempt H-1B nonimmigrant workers? §

 $60,000 or higher annual wage

4. If "Yes" is marked in question H.3, identify the statutory basis for the

 Master’s Degree or higher in related specialty

exemption of the H-1B nonimmigrant workers associated with this

 Both

LCA §

5. If “Master’s Degree or higher in related specialty” or “Both” is marked in question H.4, indicate

 Yes

 No  N/A

whether the employer has completed and attached Appendix A to this LCA? §

Form ETA 9035/9035E

FOR DEPARTMENT OF LABOR USE ONLY

Page 4 of 6

Case Number:_______________________ Case Status: __________________ Period of Employment: ______________ to _______________

Eta Form 9035 & 9035e Draft - Labor Condition Application For Nonimmigrant Workers Page 4

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