Eta Form 9035 & 9035e Draft - Labor Condition Application For Nonimmigrant Workers (Page 5 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

If you marked “Yes” to questions H.a.1 (H-1B dependent) and/or H.a.2 (H-1B willful violator) and “No” to question H.a.3 (exempt H-1B

nonimmigrant workers), you MUST read Section H – Subsection 2 of the Labor Condition Application – General Instructions Form

ETA 9035CP under the heading “Additional Employer Labor Condition Statements” and indicate your agreement to all three (3)

additional statements summarized below.

b. Subsection 2

A. Displacement: An H-1B dependent or willful violator employer is prohibited from displacing a U.S. worker in its own workforce

within the period beginning 90 days before and ending 90 days after the date of filing of the visa petition. 20 CFR 655.738(c);

B. Secondary Displacement: An H-1B dependent or willful violator employer is prohibited from placing H-1B nonimmigrant(s) with

another/secondary employer where there are indicia of an employment relationship between the nonimmigrant(s) and that

other/secondary employer (thus possibly affecting the jobs of U.S. workers employed by that other employer), unless and until the

employer subject to this LCA makes the inquiries and/or receives the information set forth in 20 CFR 655.738(d)(5) concerning that

other/secondary employer’s displacement of similarly employed U.S. workers in its workforce within the period beginning 90 days

before and ending 90 days after the date of such placement. 20 CFR 655.738(d). Even if the required inquiry of the secondary

employer is made, the H-1B dependent or willful violator employer will be subject to a finding of a violation of the secondary

displacement prohibition if the secondary employer, in fact, displaces any U.S. worker(s) during the applicable time period; and

C. Recruitment and Hiring: Prior to filing this LCA or any petition or request for extension of status for nonimmigrant worker(s)

supported by this LCA, the H-1B dependent or willful violator employer must take good faith steps to recruit U.S. workers for the

job(s) using procedures that meet industry-wide standards and offer compensation that is at least as great as the required wage to

be paid to the nonimmigrant workers pursuant to 20 CFR 655.731(a). The employer must offer the job(s) to any U.S. worker who

applies and is equally or better qualified for the job than the nonimmigrant worker. 20 CFR 655.739.

6. I have read and agree to Additional Employer Labor Condition Statements A, B, and C above and

as fully explained in Section I – Subsections 1 and 2 of the Labor Condition Application – General

 Yes

 No

Instructions Form ETA 9035CP and the Department’s regulations at 20 CFR 655 Subpart H. *

I. Public Disclosure Information



Important Note: You must select from the options listed in this Section.

 Employer’s principal place of business

1. Public disclosure information in the United States will be kept at: *

 Place of employment

J. Notice of Obligations

A. Upon receipt of the certified LCA, the employer must take the following actions:

Print and sign a hard copy of the LCA if filing electronically (20 CFR 655.730(c)(3));

Maintain the original signed and certified LCA in the employer’s files (20 CFR 655.705(c)(2); 20 CFR 655.730(c)(3); and

20 CFR 655.760); and

Make a copy of the LCA, as well as necessary supporting documentation required by the Department of Labor regulations,

available for public examination in a public access file at the employer’s principal place of business in the U.S. or at the place of

employment within one working day after the date on which the LCA is filed with the Department of Labor (20 CFR

655.705(c)(2) and 20 CFR 655.760).

B. The employer must develop sufficient documentation to meet its burden of proof with respect to the validity of the statements made in its

LCA and the accuracy of information provided, in the event that such statement or information is challenged (20 CFR 655.705(c)(5) and

20 CFR 655.700(d)(4)(iv)).

C. The employer must make this LCA, supporting documentation, and other records available to officials of the Department of Labor upon

request during any investigation under the Immigration and Nationality Act (20 CFR 655.760 and 20 CFR Subpart I).

I declare under penalty of perjury that I have read and reviewed this application and that to the best of my knowledge the information

contained therein is true and accurate. I understand that to knowingly furnish false information in the preparation of this form and any

supplement thereto or to aid, abet, or counsel another to do so is violation of federal law under 18 U.S.C. 1001.

1. Last (family) name of hiring or designated official * 2. First (given) name of hiring or designated official * 3. Middle initial §

4. Hiring or designated official title *

5. Signature *

6. Date signed *

Form ETA 9035/9035E

FOR DEPARTMENT OF LABOR USE ONLY

Page 5 of 6

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

Eta Form 9035 & 9035e Draft - Labor Condition Application For Nonimmigrant Workers Page 5

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