Form ETA 9033 ETA 9033 Attestation by Employers Using Alien Crewmembers for Lon

Attestation by Employers Using Alien
Crewmembers for Longshore Activities
In U.S. Ports

U.S. Department of Labor
Employment and Training Administration
U.S. Employment Service OMB Approval No. 1205-0309 Exp. 11/30/2010

1. Full Legal Name of Company

5. Name of U.S. Agent

2. Headquarters Address
(No., St., City, State, Zip Code, Country)

6. U.S. Business Address of Agent
(No., St., City, State, Zip Code)

3.

7. Telephone of Agent (Area Code and Number)

Telephone (Area Code and Number)

Fax (Area Code and Number)

4. Name of Chief Executive Officer
8. EMPLOYER ATTESTATION

□

There is no collective bargaining agreement in effect in the port covering at least 30 percent of the longshore workers.
(If accompanying documentation supporting each one of the following three attestation elements (8(a, 8(b), and 8(c)) is not attached,
attestation will be deemed incomplete and will be will be returned without action.)

□

(a) Alien crewmember will be used beginning_______________to perform the following activities of longshore work at the port
Month/Day/Year
of ___________________, and it is the prevailing practice to use alien crewmembers for each of the following activities to be
Name of port, City
performed at this port, i.e., those marked “Yes” (a “Yes” or “No” box must be checked for each activity):
Yes
□
□
□
□

□
□

No
□
□
□
□

(i)
(ii)
(iii)
(iv)
(v)

Loading cargo
Unloading cargo
Operation of cargo-related equipment
Handling of mooring lines
Check this box if claming an unanticipated emergency (Include documentation to support claim).

(b) On the date this attestation is signed and submitted, there is not a strike or lockout in the course of a labor dispute at this port and, during the
period of this attestation’s validity, I will not use alien crewmember in my employ to perform any longshore activity during a strike or lockout; and
the employment of such aliens is not intended or designed to influence an election for a bargaining representative for longshore workers at the
port.
(c) As of this date, notice of this attestation has been provided to longshore workers in the port by (check appropriate box);

□ (i) Notice of this filing has been provided to the bargaining representative of longshore workers in the port by (include copy of actual notice); or
□ (ii) Where there is no such bargaining representative, notice of this filling has been provided to the port authority, and to longshore workers
employed at the port through posting in conspicuous locations (include copy of actual notice posted).
_____________________________________________________________________________________________________________________________
9. DECLARATION OF EMPLOYER:
Pursuant to 28 U.S.C. 1746 , I declare under penalty of perjury that the information provided on this form and accompanying documentation is true and
correct. In addition, I declare that I will comply with the Department of Labor regulations governing this program and, in particular, that I will make this
attestation, supporting documentation, and other records, files and document available to official’s request, during any investigation under this attestation or
the immigration and Nationality Act.
____________________________________________
___________________________
Signature of Chief Executive Officer
Date
(or such Officer’s U.S Agent or Designee
________________________________________________________________________________________________________
FOR U.S GOVERNMENT AGENCY USE ONLY: By virtue of my signature below, I acknowledge that this program attestation is accepted for filing on
___________(date) and will be valid for the longshore activities herein attested to from _____________(beginning date) through ___________ (date twelve
months from beginning date).
___________________________________________
Signature of Authorized DOL Official
Subsequent DOL action:

______________________________
ETA Case No.

Suspended________________Invalidated_____________Withdrawn_______________

The Department of Labor is not the guarantor of the accuracy, truthfulness or adequacy of an attestation accepted for filing.
___________________________________________________________________________________________________________________________
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondents’ obligation to
reply to these reporting requirements are required to obtain or retain benefits (8 U.S.C. 1101 et seq.) Public reporting burden for this collection of
information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing 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, Office of Foreign Labor Certification,
200 Constitution Avenue, N.W., Room C4312, Washington, D.C. 20210 (Paperwork Reduction Project 1206-0309).
Page 1 of 2
ETA 9033 (June 2007)

ATTESTATION BY EMPLOYERS USING ALIEN CREWMEMBERS
FOR LONGSHORE ACTIVIES AT U.S. PORTS
IMPORTANT: READ CAREFULLY BEFORE COMPLETING FORM
An employer may file an attestation only when there is no collective bargaining agreement in effect in the local port covering at least 30 percent of the
number of individuals employed in performing longshore work. Submit the completed original Form ETA 9033 along with two copies of the form and two
sets of accompanying documentation. Attestations must be received by the Employment and Training Administration, Office of Foreign Labor Certification,
no later than 14 days prior to the first performance of the longshore activity unless the employer is claiming an unanticipated emergency. Attestations must
be submitted to the Office of Foreign Labor Certification, 200 Constitution Avenue, N.W., Room, C4312, Washington, D.C. 20210.
To knowingly furnish any false information in the preparation of this form and any supporting documentation thereto, or aid, abet or counsel another to do so
is a felony, punishable by 10,000 fine or five years in the penitentiary, or both (18 U.S.C. 1001). Other penalties apply as well to fraud and misuse of this
immigration document (18 U.S.C. 1546) and to perjury with respect to this form (18 U.S.C. 1546 and 1621).
Print legibly in ink or use a typewriter. Sign and date one form in original signature. Citations below to “regulations” are citations to the identical provisions at
20 CFR Part 655, Subparts F and G, and at 29 CFR Part 506, Subparts F and G.

Item 1.

Name of Company. Enter full legal name of business, firm or
organization, or if an individual, enter name
used for legal
purposes on documents.

Item 2.

Address of Company. Self Explanatory.

Item 3.

Telephone Number. Include area code or international calling
code.

Item 4.

Name of Chief Executive Officer. Self explanatory.

Item 5.

Name of U.S .Agent . Self Explanatory.

Item 6.

Address of Agent. This address must be in the U.S.

Item 7.

Telephone Number. Include fax number, if available.

Item 8. Employer Attestation . In order to be eligible to use alien
crewmembers for longshore activities at a U.S. port, an employer must
attest that there is no collective bargaining agreement in effect in the local
port covering at least 30 percent of individuals employed in performing
longshore work. An employer is not required to submit documentation to
support this condition. An employer must also attest to the conditions
listed in elements(a) through (c). The attestation will only be accepted for
filing if the required documentation supporting these elements is attached
to the form ETA 9033. See §___.510(d) through (f) of the regulations for
guidance on the documentation that must be attached to the Form ETA
9033 to support each of the elements.
Item 8(a). Prevailing Practice. The employer must attest that it is the
prevailing practice to use alien crewmembers for a particular activity of
longshore work at U.S port where the employer intends to employ alien
crewmembers. The employer must include the date of the first
performance of the longshore activity. If claming an unanticipated
emergency, the appropriate box must be checked. The employer must
also include the name of the port, and the city and state in which it is
located. Longshore work is defined as activity relating to (1) loading of

cargo, (2) unloading of cargo, (3) operation of cargo-related
equipment, and (4) handling of mooring lines on the dock when a
vessel is made fast or let go. For each activity, the employer must
check either the Yes “ or No” box, depending on whether the employer
intends to perform such activity. The employer must attach
documentation to support each activity it intends to perform under this
attestation element. See §__ .510(d) for detailed explanation.
Item 8(b). No strike or Lockout; No Intention or Design to Influence
Bargaining Representative Election. The employer must attest that, at
the time of submitting the attestation, there is not a strike or lockout in
the course of labor dispute covering the employer’s activity, and that it
will not use alien crewmembers during a strike or lockout after filing the
attestation. The employer must also attest that the employment of such
aliens is not intended or designed to influence an election for a
bargaining representative for workers in the local port. The employer
must attach documentation to support this attestation element. See
§___510(f) for detailed explanation.
Item 8(c). Notice of filing. The employer must attest that at the time of
filing the attestation, notice of filing has been provided to the
bargaining representative of the longshore workers in the local port, or
, where there is no such bargaining representative, notice of filing has
been provided to longshore workers employed at the local port through
posting in conspicuous locations and through other appropriate means.
The employer must check the appropriate box under 8 ( c ). The
employer must documentation to support this attestation element. See
§___510(f) for detailed explanation.
Item 9. Declaration of Employer. One copy of this form must bear the
original signature of the chief executive Officer (or the chief executive
officer’s designee) unless filing by facsimile transmission. See
§___.510(c)(1) of the regulations if filing by facsimile transmission. By
signing this form, the chief executive officer is attesting to the
conditions listed in item 8(a) through (c) and to the accuracy of the
information provided elsewhere on the form and in supporting
documentation. False statements are subject to federal criminal
penalties, as stated above.

If the attestation bears the necessary entries of information and documentation, the Department of Labor may accept the attestation for filing and shall
document such acceptance on each of the three Form ETA 9033’s submitted. A copy of the attestation form indicating the Department’s acceptance, or
notification of nonacceptance, will be returned to the employer. The employer may then use alien crewmembers for longshore work at the port for which this
attestation has been accepted in accordance with the Department of Homeland Security regulations, unless the Department subsequently acts to suspend
or invalidate the attestation.
A copy of this attestation, along with accompanying documentation, will be available for public inspection at the Office of Foreign Labor Certification, 200
Constitution Avenue, N.W., Room C4312, Washington, D.C. 20210.
Page 2 of 2

ETA 9033 (June 2007)