ETA Form 9035/9035 Labor Condition Application for Nonimmigrant Workers

OMB Approval: 1205-0310
Expiration Date: 01/31/2012
01/31/2012

Labor Condition Application for Nonimmigrant Workers
ETA Form 9035 & 9035E
U.S. Department of Labor

Electronic Filing of Labor Condition Applications
For The H-1B Nonimmigrant Visa Program
This Department of Labor, Employment and Training Administration (ETA), electronic filing system enables an employer to file a Labor
Condition Application (LCA) and obtain certification of the LCA. This Form must be submitted by the employer or by someone authorized to
act on behalf of the employer.
A) I understand and agree that, upon my receipt of ETA's certification of the LCA by electronic response to my submission, I must take the
following actions at the specified times and circumstances:
ƒ
print and sign a hardcopy of the electronically filed and certified LCA;
ƒ
maintain a signed hardcopy of this LCA in my public access files;
ƒ
submit a signed hardcopy of the LCA to the United States Citizenship and Immigration Services (USCIS) in support of the I-129, on the
date of submission of the I-129;
ƒ
provide a signed hardcopy of this LCA to each H-1B nonimmigrant who is employed pursuant to the LCA.

‰ Yes ‰ No

B) I understand and agree that, by filing the LCA electronically, I attest that all of the statements in the LCA are true and accurate and that I
am undertaking all the obligations that are set out in the LCA (Form ETA 9035E) and the accompanying instructions (Form ETA 9035CP).

‰ Yes ‰ No

C) I hereby choose one of the following options, with regard to the accompanying instructions:

‰ I choose to have the Form ETA 9035CP electronically attached to the certified LCA, and to be bound by the LCA obligations as
explained in this form

‰ I choose not to have the Form ETA 9035CP electronically attached to the certified LCA, but I have read the instructions and I understand
that I am bound by the LCA obligations as explained in this form

ETA Form 9035/9035E Attestation

FOR DEPARTMENT OF LABOR USE ONLY

Page 1 of 1

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

OMB Approval: 1205-0310
Expiration Date: 01/31/2012
01/31/2012

Labor Condition Application for Nonimmigrant Workers
ETA Form 9035 & 9035E
U.S. Department of Labor

Please read and review the filing instructions carefully before completing the ETA Form 9035 or 9035E. A copy of the instructions can
be found at http://www.foreignlaborcert.doleta.gov/. In accordance with Federal Regulations at 20 CFR 655.730(b), incomplete or
obviously inaccurate Labor Condition Applications (LCAs) will not be certified by the Department of Labor. If the employer has
received permission from the Administrator of the Office of Foreign Labor Certification to submit this form non-electronically, ALL
required fields/items containing an asterisk ( * ) must be completed as well as any fields/items where a response is conditional as
indicated by the section ( § ) symbol.

A. Employment-Based Nonimmigrant Visa Information
1. Indicate the type of visa classification supported by this application (Write classification symbol): *
B. Temporary Need Information
1. Job Title *
2. SOC (ONET/OES) code *

3. SOC (ONET/OES) occupation title *

Period of Intended Employment

4. Is this a full-time position? *
‰ Yes

5. Begin Date *

‰ No

6. End Date *

(mm/dd/yyyy)

(mm/dd/yyyy)

7. Worker positions needed/basis for the visa classification supported by this application
Total Worker Positions Being Requested for Certification *
Basis for the visa classification supported by this application
(indicate the total workers in each applicable category based on the total workers identified above)
a. New employment *

d. New concurrent employment *

b. Continuation of previously approved employment *
without change with the same employer

e. Change in employer *

c. Change in previously approved employment *

f. Amended petition *

C. Employer Information
1. Legal business name *
2. Trade name/Doing Business As (DBA), if applicable
3. Address 1 *
4. Address 2
5. City *

6. State *

8. Country *

9. Province

10. Telephone number *

11. Extension

12. Federal Employer Identification Number (FEIN from IRS) *

13. NAICS code (must be at least 4-digits) *

ETA Form 9035/9035E

FOR DEPARTMENT OF LABOR USE ONLY

7. Postal code *

Page 1 of 55

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

OMB Approval: 1205-0310
Expiration Date: 01/31/2012
01/31/2012

Labor Condition Application for Nonimmigrant Workers
ETA Form 9035 & 9035E
U.S. Department of Labor
D. Employer Point of Contact Information
Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of
the employer in labor certification matters. The information in this Section must be different from the agent or attorney information listed in
Section E, unless the attorney is an employee of the employer.

1. Contact’s last (family) name *

2. First (given) name *

3. Middle name(s) *

4. Contact’s job title *
5. Address 1 *
6. Address 2
7. City *

8. State *

10. Country *

11. Province

12. Telephone number *

13. Extension

9. Postal code *

14. E-Mail address

E. Attorney or Agent Information (If applicable)
1. Is the employer represented by an attorney or agent in the filing of this application? *
If “Yes”, complete the remainder of Section E below.
3. First (given) name §
2. Attorney or Agent’s last (family) name §

‰ Yes

‰ No

4. Middle name(s) §

5. Address 1 §
6. Address 2
7. City §

8. State §

10. Country §

11. Province

12. Telephone number §

13. Extension

9. Postal code §

14. E-Mail address

15. Law firm/Business name §

16. Law firm/Business FEIN §

17. State Bar number (only if attorney) §

18. State of highest court where attorney is in good
standing (only if attorney) §

19. Name of the highest court where attorney is in good standing (only if attorney) §

ETA Form 9035/9035E

FOR DEPARTMENT OF LABOR USE ONLY

Page 2 of 55

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

OMB Approval: 1205-0310
Expiration Date: 01/31/2012
01/31/2012

Labor Condition Application for Nonimmigrant Workers
ETA Form 9035 & 9035E
U.S. Department of Labor
F. Rate of Pay
1. Wage Rate (Required)
From:
To:

2. Per: (Choose only one) *

$ __________ . ____ *

… Hour

… Week

… Bi-Weekly

… Month

… Year

$ __________ . ____

G. Employment and Prevailing Wage Information
Important Note: It is important for the employer to define the place of intended employment with as much geographic specificity as possible
The place of employment address listed below must be a physical location and cannot be a P.O. Box. The employer may use this section
to identify up to three (3) physical locations and corresponding prevailing wages covering each location where work will be performed and
the electronic system will accept up to 3 physical locations and prevailing wage information. If the employer has received approval from the
Department of Labor to submit this form non-electronically and the work is expected to be performed in more than one location, an
attachment must be submitted in order to complete this section.

a. Place of Employment 1
1. Address 1 *
2. Address 2
3. City *

4. County *

5. State/District/Territory *

6. Postal code *

Prevailing Wage Information (corresponding to the place of employment location listed above)
7. Agency which issued prevailing wage §

7a. Prevailing wage tracking number (if applicable) §

8. Wage level *
… I

… II

9. Prevailing wage *

$ __________ . ____

… III

… IV

… N/A

10. Per: (Choose only one) *
… Hour … Week

… Bi-Weekly

… Month

… Year

11. Prevailing wage source (Choose only one) *
‰

11a. Year source published *

‰ CBA
OES
‰ DBA
‰ SCA
‰ Other
11b. If “OES”, and SWA/NPC did not issue prevailing wage OR “Other” in question 11,
specify source §

H. 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: Pay nonimmigrants at least the local prevailing wage or the employer’s actual wage, whichever is higher, and pay for nonproductive time. Offer nonimmigrants benefits on the same basis as offered to 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: There is no strike, lockout, or work stoppage in the named occupation at the place of
employment.
(4) Notice: Notice to union or to workers has been or will be provided in the named occupation at the place of employment. A copy of
this form will be provided to each nonimmigrant worker employed pursuant to the application.
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. *

ETA Form 9035/9035E

FOR DEPARTMENT OF LABOR USE ONLY

‰ Yes

‰ No

Page 3 of 55

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

OMB Approval: 1205-0310
Expiration Date:01/31/2012
01/31/2012

Labor Condition Application for Nonimmigrant Workers
ETA Form 9035 & 9035E
U.S. Department of Labor
I. 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
1. Is the employer H-1B dependent? §

‰ Yes

‰ No

2. Is the employer a willful violator? §

‰ Yes

‰ No

3. If “Yes” is marked in questions I.1 and/or I.2, you must answer “Yes” or “No” regarding whether the
employer will use this application ONLY to support H-1B petitions or extensions of status for exempt H-1B
nonimmigrants? §

‰ Yes

‰ No

‰ N/A

If you marked “Yes” to questions I.1 and/or I.2 and “No” to question I.3, you MUST read Section I – 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.
B.
C.

Displacement: Non-displacement of the U.S. workers in the employer’s workforce
Secondary Displacement: Non-displacement of U.S. workers in another employer’s workforce; and
Recruitment and Hiring: Recruitment of U.S. workers and hiring of U.S. workers applicant(s) who are equally or better qualified
than the H-1B nonimmigrant(s).

4. 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 Instructions Form ETA
9035CP. §

‰ Yes

‰ No

J. Public Disclosure Information

! Important Note: You must select from the options listed in this Section.
‰ Employer’s principal place of business
‰ Place of employment

1. Public disclosure information will be kept at: *

K. 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 sections H and I of the Labor Condition Application – General Instructions Form ETA 9035CP, and that I agree to comply with
the Labor Condition Statements as set forth in the Labor Condition Application – General Instructions Form ETA 9035CP 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.
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.

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 *

ETA Form 9035/9035E

6. Date signed *

FOR DEPARTMENT OF LABOR USE ONLY

Page 4 of 55

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

OMB Approval: 1205-0310
Expiration Date: 01/31/2012
01/31/2012

Labor Condition Application for Nonimmigrant Workers
ETA Form 9035 & 9035E
U.S. Department of Labor
L. LCA Preparer
Important Note: Complete this section if the preparer of this LCA is a person other than the one identified in either Section D (employer point
of contact) or E (attorney or agent) of this application.

1. Last (family) name §

2. First (given) name §

3. Middle initial §

4. Firm/Business name §

5. E-Mail address §

M. U.S. Government Agency Use (ONLY)
By virtue of the signature below, the Department of Labor hereby acknowledges the following:
This certification is valid from _______________________ to _______________________.
______________________________________________
Department of Labor, Office of Foreign Labor Certification

______________________________
Determination Date (date signed)

______________________________________________
Case number

______________________________
Case Status

The Department of Labor is not the guarantor of the accuracy, truthfulness, or adequacy of a certified LCA.
N. Signature Notification and Complaints
The signatures and dates signed on this form will not be filled out when electronically submitting to the Department of Labor for processing,
but MUST be complete when submitting non-electronically. If the application is submitted electronically, any resulting certification MUST be
signed immediately upon receipt from the Department of Labor before it can be submitted to USCIS for further processing.
Complaints alleging misrepresentation of material facts in the LCA and/or failure to comply with the terms of the LCA may be filed using the
WH-4 Form with any office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. A listing of the
Wage and Hour Division offices can be obtained at http://www.dol.gov/esa. 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 the U.S. Department
of Justice, Office of the Special Counsel for Immigration-Related Unfair Employment Practices, 950 Pennsylvania Avenue, NW, Washington,
DC, 20530. Please note that complaints should be filed with the Office of Special Counsel at the Department of Justice only if the violation is
by an employer who is H-1B dependent or a willful violator as defined in 20 CFR 655.710(b) and 655.734(a)(1)(ii).

O. 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, Section 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.

ETA Form 9035/9035E

FOR DEPARTMENT OF LABOR USE ONLY

Page 5 of 55

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