ETA 9035 - current Labor Condition Application

Form ETA 9035
Labor Condition
U.S. Department of Labor
OMB Approval: 1205-0310
Application for
Employment and Training Administration
Expiration Date: 11/30/2008
Nonimmigrant Workers
H-1B
H-1B1 Chile
H-1B1 Singapore
A. Program Designation
You must choose one:
E-3 Australian
1. Return Fax Number
B. Employer's Information
If you want the application returned by mail,
leave the Return Fax Number blank.

2. Employer's Name

(

)

-

3. Employer's Address (Number and Street)

State

4. Employer's City

5. Employer's EIN Number

Zip/Postal Code

6. Employer's Phone Number

-

(

Extension

)

-

C. Rate of Pay

1. Wage Rate (or Rate From) (Required):

$

3. Rate is Per:

.
2. Rate Up To (Optional):

$

.

Year

Week

Month

Hour

4. Is this position
part-time?

Please Note: Part-time hours
worked by nonimmigrant(s)
will be in the range of hours
stated on the USCIS Form(s)
I-129.

Yes
No

2 Weeks

D. Period of Employment and Occupation Information Please Note: The Date Information MUST be in MM/DD/YYYY format
1. Begin Date

,

/

3. Occupational Code

/

4. Number of Nonimmigrant Workers

1

2

3

4

5

6

7

8

9

0

1

2

3

4

5

6

7

8

9

0

1

2

3

4

5

6

7

8

9

0

1

2

3

4

5

6

7

8

9

0

1

2

3

4

5

6

7

8

9

0

1

2

3

4

5

6

7

8

9

0

2. End Date

/

/

5. Job Title

E. Information Relating to Work Location for the Nonimmigrant Worker(s)

Do NOT write "Same As Above". This section MUST be filled out.

1. City

3. Wage is Per:

2. Prevailing Wage

.

$
5. Year Source Published

Year

Week

Month

Hour

2 Weeks

This section is REQUIRED
State

4. Wage Source
OES

If OTHER is chosen as the
Collective Wage Source, Numbers 5
Bargaining and 6 in this section MUST
Agreement
be filled out.
Other

6. Other Wage Source

Page Link

3

7

6

7

7

4

If filing the form electronically, the Page Link field will be automatically created for you
upon printing. If filing the form manually, please ensure that the Page Link field contains a
6 digit number that is repeated on all 3 pages.
3417
Form ETA 9035 - Page 1 of 3

Labor Condition
Application for
Nonimmigrant Workers

U.S. Department of Labor
Employment and Training Administration

Form ETA 9035
OMB Approval: 1205-0310
Expiration Date: 11/30/2008

E. Subsection A Information for Additional or Subsequent Work Location
This Section should be completed only if filing for more than 1 work location.
1. City

State

,
2. Prevailing Wage

3. Wage is Per:
Year

.

$

Month

5. Year Source Published

4. Wage Source
Week

OES

Hour

Collective
Bargaining
Agreement

2 Weeks

If OTHER is chosen as the
Wage Source, Numbers 5
and 6 in this section MUST
be filled out.

Other

6. Other Wage Source

F. Employer Labor Condition Statements
Note: In order for your application to be processed, you MUST read section E of the Labor Condition Application
! Please
cover pages under the heading "Employer Labor Condition Statements" and agree to all 4 labor condition statements
summarized below:
(1) Wages: Pay nonimmigrants at least the local prevailing wage or the employer's actual wage, whichever is higher, and pay for
,
non-productive time. Offer nonimmigrants benefits on the same basis as U.S. workers.
(2) Working Conditions: Provide working conditions for nonimmigrants which will not adversely affect the working conditions of
workers similarly employed.
,
(3) Strike, Lockout, or Work Stoppage: No strike or lockout in the occupational classification at the place of employment.
(4) Notice: Notice to union or to workers at the place of employment. A copy of this form to the nonimmigrant worker(s).
I have read and agree to Employer Labor Condition Statements 1, 2, 3, and 4 as
set forth in Section E of the Labor Condition Application Cover Pages.

Yes

No

F-1. Additional Employer Labor Condition Statements - H-1B Employers Only
Please Note: In order for an application regarding H-1B nonimmigrants to be processed, you MUST read Section F-1 Subsections 1 and 2 of the Labor Condition Application cover pages under the heading "Additional Employer Labor Condition
Statements" and choose one of the 3 alternatives (A, B, or C) listed below in Subsection 1. If you mark Alternative B, you
MUST read Section F-1 - Subsection 2 of the cover pages under the heading "Additional Employer Labor Condition
Statements" and indicate your agreement to all 3 additional statements summarized below in Subsection 2.
2. Subsection 2
1. Subsection 1
If Alternative B in Subsection 1 is marked, the following
Choose ONE of the following 3 alternatives:
Additional Labor Condition Statements are applicable:
A

Employer is not H-1B dependent and is not a
willful violator.

B

Employer is H-1B dependent and/or a willful
violator.

C

Employer is H-1B dependent and/or a willful
violator BUT will use this application ONLY to
support H-1B petitions for exempt
nonimmigrants.

A. Displacement: Non-displacement of the U.S. workers in
employer's work force;
B. Secondary Displacement: Non-displacement of U.S.
workers in another employer's work force; and
C. Recruitment and Hiring: Recruitment of U.S. workers and
hiring of U.S. worker applicant(s) who are equally or
better qualified than the H-1B nonimmigrant(s).
I have read and agree to Additional Labor
Condition Statements 2 A, B, and C.

Page Link
Page Link

3

7

6

7

7

4

Yes

No

If filing the form electronically, the Page Link field will be automatically created for you
upon printing. If filing the form manually, please ensure that the Page Link field contains a
6 digit number that is repeated on all 3 pages.
3417
Form ETA 9035 - Page 2 of 3

Labor Condition
Application for
Nonimmigrant Workers

U.S. Department of Labor
Employment and Training Administration

Form ETA 9035
OMB Approval: 1205-0310
Expiration Date: 11/30/2008

G. Public Disclosure Information
You must choose one of the two options listed in this Section.
Employer's principal place of business
1. Public disclosure information will be kept at:
Place of employment
H. Declaration of Employer

By signing this form, I, on behalf of the employer, attest that the information and labor condition statements provided are true and
accurate; that I have read the sections E, F, and F-1 of the cover pages (Form ETA 9035CP), and that I agree to comply with the
Labor Condition Statements as set forth in the cover pages and with the Department of Labor regulations (20 CFR part 655,
Subparts H and I). I agree to make this application, supporting documentation, and other records available to officials of the
Department of Labor upon request during any investigation under the Immigration and Nationality Act.
MI
1. First Name of Hiring or Other Designated Official

2. Last Name of Hiring or Other Designated Official

3. Hiring or Other Designated Official Title

5. Date Signed

/

/

4. Signature - Do NOT let signature extend beyond the box
Making fraudulent representations on this Form can lead to civil or criminal action
under 18 U.S.C. 1001, 18 U.S.C. 1546, or other provisions of law.

I. Contact Information
MI

1. Contact First Name

2. Contact Last Name

Extension

3. Contact Phone Number

(

)

-

J. U.S. Government Agency Use Only
By virtue of my signature below, I hereby acknowledge this application certified for
Date Starting _________________________________

and Date Ending _______________________________________

______________________________________________________________
_________________ _________________
Signature and Title of Authorized DOL Official
ETA Case Number
Date
The Department of Labor is not the guarantor of the accuracy, truthfulness, or adequacy of a certified labor condition application.

K. Complaints
Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor
condition application may be filed with any office of the Wage and Hour Division, U.S. Department of Labor. Complaints alleging failure to
offer employment to an equally or better qualified U.S. worker, or an employer's misrepresentation regarding such offer(s) of employment, may
be filed with: U.S Department of Justice * Office of the Special Counsel for Immigration-Related Unfair Employment Practices* 950
Pennsylvania Ave, NW * Washington, DC * 20530.
If filing the form electronically, the Page Link field will be automatically created for you
Page Link
upon printing. If filing the form manually, please ensure that the Page Link field contains a
Page
3 Link
7 6 7 7 4 6 digit number that is repeated on all 3 pages.
3417
Form ETA 9035 - Page 3 of 3

OMB Paperwork Reduction Act (1205-0310)
These reporting instructions have been approved under the Paperwork Reduction Act of 1995. Persons are not required to
respond to this collection of information unless it displays a currently valid OMB control number. Obligations to reply are
mandatory (Immigration and Nationality Act, Sections 212(n) and (t) and 214(c). Public reporting burden for this collection of
information, which is to assist with program management and to meet Congressional and statutory requirements, is estimated
to average 1 hour per response, including the time to review instructions, search existing data sources, gather and maintain the
data needed, and complete and review the collection of information. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor,
Room C-4312, 200 Constitution Ave. NW, Washington, DC 20210. (Paperwork Reduction Project OMB 1205-0310.) Do NOT
send the completed application to this address.