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NOTICE OF FILING OF ATTACHED/ANNEXED LABOR CONDITION APPLICATION FOR H-1B NONIMMIGRANT To All Employees: Notice is hereby given that a Labor Condition Application for H-1B Nonimmigrant is being filed with the United States Department of Labor, Employment and Training Administration. United States Employment Service for the employment of nonimmigrant alien workers in the occupational classification under the terms and conditions as set forth in the attached or annexed true and correct copy of the Labor Condition Application. 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 of the United States Department of Labor. This notice and copy of the Labor Condition Application will be posted in at least two conspicuous locations at the place of employment and remain posted for a total of at least 10 days. 1. Wages: The employer attests that H-1B nonimmigrant will be paid wages which are at least the higher of the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupational classification in the area of intended employment. By marking "Yes" in section E of the Labor Condition Application for H-1B nonimmigrant (Form ETA 9035), the employer also attests that it will pay H-1B nonimmigrant the required wage for time in nonproductive status due to a decision of the employer or due to the H-1B nonimmigrant lack of a permit or license. The employer further attest that H-1B nonimmigrant lack of a permit or license. The employer further attests that H-1B nonimmigrant will be offered benefits and eligibility for benefits on the same basis, and in accordance with the same criteria, as offered to U.S. workers. See 20 CFR 655.731. 2. Working Conditions: The employer attests that the employment of H-1B nonimmigrant in the names occupations will not adversely affect the working conditions of workers similarly employed. The employer further attests that H-1B nonimmigrant will be afforded working conditions on the same basis, and in accordance with the same criteria, as offered to similarly employed U.S. workers. See 20 CFR 655.732. 3. Strike, Lockout, or Work Stoppage: The employer attests that on the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the named occupation at the place of employment and that, if such a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA within three (3) days of such occurrence and the application will not be used in support of a petition filing with INS for H-1B nonimmigrant to work in the same occupation at the place of employment until ETA determines the strike, lockout, or work stoppage has ceased. See 20 CFR 655.733. 4. Notice: The employer attests that as of the date of filing, notice of the labor condition application has been or will be provided to workers employed in the named occupation. Notice of the application shall be provided to workers through the bargaining representative, or where there is no such bargaining representative, notice of the filing shall be provided either through physical posting in conspicuous locations where H-1B nonimmigrant will be employed, or through electronic notification to employees in the occupational classification for which H-1B nonimmigrant are sought. The employer also attests that each H-1B non-immigrant employed pursuant to the application will be provided with a copy of the certified Form ETA 9035, and provided with a copy of ETA 9035CP if requested. This notification shall be provided no later than the date the H-1B nonimmigrant reports to work at the place of employment. See 20 CFR 655.734. |
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