H-2B Rulemaking

OMB Approval: 1205-0466
Expiration Date: 04/30/2012

Application for Prevailing Wage Determination
ETA Form 9141 – General Instructions for the 9141
U.S. Department of Labor

IMPORTANT: Please read these instructions carefully before completing the ETA Form 9141 –Application for Prevailing Wage
Determination. These instructions contain full explanations of the questions that make up the ETA Form 9141.
Anyone, who knowingly and willingly furnishes any false information in the preparation of ETA Form 9142 and any supporting
documentation, or aids, abets, or counsels another to do so is committing a federal offense, punishable by fine or imprisonment
up to five years or both (18 U.S.C. §§ 2, 1001). Other penalties apply as well to fraud or misuse of this immigration document
and to perjury with respect to this form (18 U.S.C. §§ 1546, 1621).
OMB Paperwork Reduction Act (1205-0466)
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent’s reply to
these reporting requirements is mandatory to obtain the benefits of temporary employment certification (Immigration and Nationality Act, Section
101). Public reporting burden for this collection of information is estimated to average 55 minutes 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 to the Office of Foreign Labor Certification * U.S. Department of Labor * Room C4312
200 Constitution Ave., NW * Washington, DC * 20210. Do NOT send the completed application to this address.

Symbol Legend: * means that the information requested is mandatory.
§ means the information requested is mandatory if the previous question was answered in the affirmative or
in the manner specified in the marked question.
Section A
Employment - Based Nonimmigrant Visa Information
1.

Enter the following classification symbol to indicate the type of visa supported by this application: “H-2B”, “H-1B”, “H-1B1
Chile”, “H-1B1 Singapore”, “E-3 Australian”, “PERM”

Section B
Requestor Point-of-Contact Information
1.

Enter the last (family) name of the requestor’s point of contact.

2.

Enter the first (given) name of the requestor’s point of contact.

3.

Enter the middle name of the requestor’s point of contact.

4.

Enter the job title of the requestor 's point of contact.

5.

Enter the business street address for the requestor’s point of contact.

6.

If additional space is needed for the street address, use this line to complete the street address.

7.

Enter the city of the requestor’s point of contact. If the city and country are the same, the name must still be entered in
both fields.

8.

Enter the state of the requestor’s point of contact.

9.

Enter the postal (zip) code of the requestor’s point of contact.

10. Enter the country of the requestor’s point of contact. If the city and country are the same, the name must still be entered
in both fields.
11. Enter the province of the requestor’s point of contact, if applicable.
12. Enter the area code and business telephone number of the requestor’s point of contact. Include country code, if
applicable.
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OMB Approval: 1205-0466
Expiration Date: 04/30/2012

Application for Prevailing Wage Determination
ETA Form 9141 – General Instructions for the 9141
U.S. Department of Labor

13. Enter the extension of the telephone number of the requestor’s point of contact, if applicable.
14. Enter the business fax number, if applicable.
15. Enter the business e-mail address of the requestor’s point of contact in the format [email protected]
domain, if applicable.
Section C
Employer Information
1.

Enter the full legal name of the business, person, association, firm, corporation, or organization, i.e., the employer filing
this application. The employer’s full legal name is the exact name of the individual, corporation, LLC, partnership, or other
organization that is reported to the Internal Revenue Service.

2.

Enter the full trade name or “Doing Business As” (DBA) name, if applicable, of the business, person, association, firm,
corporation, or organization, i.e., the employer filing this application.

3.

Enter the street address of the employer’s principal place of business.

4.

If additional space is needed for the street address, use this line to complete the employer’s street address.

5.

Enter the city of the employer’s principal place of business. If the city and country are the same, the name must still be
entered in both fields.

6.

Enter the state of the employer’s principal place of business.

7.

Enter the postal (zip) code of the employer’s principal place of business.

8.

Enter the country of the employer’s principal place of business. If the city and country are the same, the name must still
be entered in both fields.

9.

Enter the province of the employer’s principal place of business, if applicable.

10. Enter the area code and telephone number for the employer’s principal place of business. Include country code, if
applicable.
11. Enter the extension of the telephone number for the employer’s principal place of business, if applicable.
12. Enter the nine-digit Federal Employer identification Number (FEIN) as assigned by the IRS. Do not enter a social security
number.
Note: All employers, including private households, MUST obtain an FEIN from the IRS before completing this application.
Information on obtaining an FEIN can be found at www.IRS.gov.
13. Enter the four to six-digit North American Industry Classification System (NAICS) code that best describes the employer’s
business, not the alien’s job. A listing of NAICS codes can be found at http://www.census.gov/epcd/www/naics.html
Section D
Job Offer Information
a.

Job Description

1.

Enter the title of the job opportunity.

2.

Enter the six or eight-digit Standard Occupational Classification (SOC)/Occupational Network (O*NET) code for the
occupation, which most clearly describes the work to be performed. SOC/O*Net Search Wizard

2a. Enter the occupational title associated with the SOC/O*NET (OES) code. SOC/O*Net Search Wizard
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OMB Approval: 1205-0466
Expiration Date: 04/30/2012

3.

Application for Prevailing Wage Determination
ETA Form 9141 – General Instructions for the 9141
U.S. Department of Labor

Enter the basic hours of work required per week and overtime hours per week in accordance with State and Federal law
for the work and area of employment.

3a. Enter the daily work schedule for the job opportunity (e.g., 9 a.m. to 5 p.m., 7 a.m. to 11 a.m. and 4 p.m. to 8 p. m.).
4. Identify the title of the supervisor who will be supervising the work of the foreign worker(s), if applicable.
5. Mark “Yes” or “No” as to whether the job opportunity supervises the work of other employees.
5a. If “Yes” is marked in question 4, enter the total number of employees the job opportunity will supervise.
6.

Describe the job duties, in detail, to be performed by any worker filling the job opportunity. Specify any equipment to be
used and pertinent working conditions.

7.

Mark “Yes” or “No” as to whether the job requires any travel.

7a. Explain the travel requirements, if any.
8.

Mark “Yes” or “No” as to whether there are any other working conditions that may affect pay.

8a. Explain the working conditions.
b.

Minimum Requirements

1.

Identify whether the minimum U.S. diploma or degree required by the employer for the job opportunity is none, high school/GED,
Associates, Bachelor’s, Master’s, Doctorate, or Other. Only mark one box.

1a. If “Other” in question 1, enter the specific U.S. diploma or degree required. (Example: JD, MD, DDS, etc.). If the answer to
question 1 is not “Other,” enter “N/A.”
1b. Enter the major(s) and/or field(s) of study required by the employer for the job opportunity. You may list more than one field
and/or more than one related major. If the answer to question 1 is “None” or “High School”, enter “N/A.”
2.

If the employer requires a second U.S. diploma or degree for the job opportunity, mark “Yes.” Otherwise, mark “No.”

2a. If “Yes” in question 2, enter the specific second U.S. diploma or degree required. If the answer to question 2 is “No”, enter “N/A.”
3.

If the employer requires training for the job opportunity, mark “Yes.” Otherwise, mark “No.” Training may include, but is not
limited to: programs, coursework, or training experience (other than employment). When answering this question, do not
duplicate requirements – the training required should not be counted as education or experience required.

3a. If “Yes” in question 3, enter the number of months of training required by the employer for the job opportunity. If the answer to
question 3 is “No”, enter “0” (zero). When answering this question, do not duplicate time requirements – the training time
required should not be counted as (added to) education or experience time required.
3b. If “Yes” in question 3, enter the field(s) and/or name(s) of the training required by the employer for the job opportunity. You may
list more than one field and/or more than one name. If the answer to question 3 is “No”, enter “N/A.”
4.

If the employer requires employment experience, mark “Yes.” Otherwise, mark “No.”

4a. If “Yes” in question 4, enter the number of months of experience required by the employer. If the answer to question 4 is “No”,
enter “0” (zero).
4b. If “Yes” in question 4, enter the occupation in which experience is required by the employer for the job opportunity. If the answer
to question 4 is “No”, enter “N/A.”
5.

Enter the job related special requirements. Examples are shorthand and typing speeds, specific foreign language proficiency,
test results. Document business necessity for a foreign language requirement.
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OMB Approval: 1205-0466
Expiration Date: 04/30/2012

Application for Prevailing Wage Determination
ETA Form 9141 – General Instructions for the 9141
U.S. Department of Labor

Section D
Job Offer Information (continued)
c.

Place of Employment

It is important for the employer to define the area of intended employment with as much geographic specificity as possible. This
information is used for purposes of reviewing and verifying regulatory compliance with advertising, positive recruitment requirements,
and prevailing wage determinations.
1.

Enter the street address of the worksite location identified in question1, where work will be performed. The worksite address
must be a physical location and cannot be a P.O. Box.

2.

If additional space is needed for the street address, use this line. If no additional space is needed, enter “N/A.”

3.

Enter the city of the worksite location.

4.

Enter the county of the worksite location.

5.

Enter the state/district/territory of the worksite location.

6.

Enter the postal (zip) code of the worksite location.

7.

If work will be performed in location(s) in addition to the address listed in questions 1-6 above, mark “Yes” and complete question
7-A. If work will not be performed in location(s) other than the address listed in questions 1-6 above, mark “No.”

7-A. If “Yes” in question 7, identify the geographic place(s) of employment with as much specificity as possible, such as the
Metropolitan Statistical Areas (MSAs) or the city(ies)/township(s)/county(ies) and the corresponding state(s) where work will be
performed. The employer must provide enough geographic detail to cover all the worksite locations of intended employment.

Section E
Prevailing Wage Determination – DO NOT FILL OUT THIS SECTION – FOR GOVERNMENT USE ONLY.
This section will be filled out by the government and returned to you with the appropriate prevailing wage.
Section F
OMB Notice – Please read.

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