Form Eta 9035cp - Labor Condition Application Cover Pages

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Labor Condition
Form ETA 9035CP
U.S. Department of Labor
Application
OMB Approval: 1205-0310
Employment and Training Administration
Cover Pages
Expiration Date: 11/30/2008
IMPORTANT: Please read these cover pages carefully before completing Form ETA 9035 - Labor Condition Application
for Nonimmigrant Workers. These cover pages and instructions contain full explanations of attestations that you are
required to make and are incorporated by reference into the form pages that you are required to complete and submit to
ETA. A copy of these cover pages must be included in the public disclosure file and given to the nonimmigrant upon
request.
Employers seeking to hire H-1B, H-1B1, and E-3 nonimmigrants in specialty occupations (or H-1B nonimmigrants as fashion models of
distinguished merit and ability) must submit the completed and dated original Form ETA 9035 to the designated certifying officer in the
Department of Labor (Department or DOL), Employment and Training Administration (ETA) Application Processing Center. Labor
condition applications should be submitted to an ETA Application Processing Center via facsimile transmission (FAX to
1-800-397-0478) or via mail to P.O. Box 13640 * Philadelphia, PA * 19101, or can be completed and filed electronically at the U.S.
Department of Labor's website at If the application is submitted by FAX, the application containing the original
signature must be maintained by the employer. An application which is complete and has no obvious inaccuracies will be certified by
the Department and returned to the employer. For H-1B nonimmigrants the employer must then file the certified Labor Condition
Application in support of its petition for an H-1B nonimmigrant with the United States Citizenship and Immigration Services (USCIS).
For H-1B1 and E-3 nonimmigrants, the employer must provide the certified Labor Condition Application to the nonimmigrant, who
must follow the H-1B1 or E-3 procedures of USCIS ( ) and the Department of State ( )
The completed form will be electronically scanned. To ensure accuracy and readability and avoid rejections, it is preferred that the form
be completed electronically on the Department of Labor website. If you hand write the form, print legibly in ink using a medium to
thick pen. Print only in CAPITAL LETTERS and avoid contact with the edge of the boxes. If you use a typewriter to complete the
form, use a font equivalent to 12-14 pt. Center each letter in the box and use only CAPITAL LETTERS. Be sure to sign and date the
form. The regulatory citations below refer to 20 CFR part 655, subparts H and I.
To knowingly and willingly furnish any false information in the preparation of the Form ETA 9035 and any supporting
documentation, or to aid, abet, or counsel another to do so is 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 and 1621).
Paperwork Reduction Act Information Control Number 1205-0310
OMB Notice
Persons are not required to respond to this collection of information unless it displays a current, valid OMB control
number. Respondent's obligation to reply to these reporting requirements is mandatory to obtain the benefits of hiring
H-1B, H-1B1, or E-3 nonimmigrants (INA, Sections 212 (n) and (t), and 101(ax15xE)). Public reporting burden for this
collection of information is estimated to average 1 hour per response, which includes 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 Employment and Training Administration at U.S. Department of Labor *
Room C-4312 * 200 Constitution Avenue, NW * Washington, DC * 20210
Examples of how best to fill out Form ETA 9035
A. For optimum accuracy, please print in capital
B. For optimum accuracy, please print carefully and
letters and avoid contact with the edge of the
avoid contact with the edges of the box. The
box.
following will serve as an example:
The following will serve as an example:
C.
46026
Do Not Fax these cover pages (Form ETA 9035CP). Fax
!
Form ETA 9035CP -
ONLY the completed Labor Condition Application for
Page 1 of 10
Nonimmigrant Workers - Form ETA 9035.

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