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Employer Files A Completed Form ETA 750 For H-2B Certification
Who May File?
1. An employer who desires to apply for a labor certification on behalf of an alien.
An alien who desires to apply for a labor certification for a Schedule A occupation. Schedule A is described below under "Occupational Schedules".
What To File?
An Employer who applies for a labor certification must file two copies each of the following:
An Application for Alien Employment Certification (Form ETA 750) including Part A, "Offer of Employment and Part B "Statement of Qualifications of Alien" and
Every applicable document described in Part II of these instructions (See Part II - Documentation to submit with Applications for Occupations not on Schedule A).
An alien who applies for a labor certification for a Schedule A occupation must file two copies each of the following:
Two copies of Form ETA 750, Application for Alien Employment Certification, as follows:
Part B - Statement of Qualifications of Alien:
Part A - Offer of Employment, if required by the Immigration and Naturalization Service.
Documentary evidence which shows that the alien meets the requirements of the particular Schedule A occupational group under which the alien is applying for labor certification.
Where To File?
An employer must file an application with the local State employment service office serving the area where the alien will be employed.
An alien applying for Schedule A labor certification must file an application with a U.S. Consular Office if the alien is abroad or with an Immigration and Naturalization Service Office if the alien is in the United States, not with the Department of Labor or a State employment service.
Occupational Schedules?
To facilitate the processing of requests for labor certifications, the United States Employment Service, Department of Labor has established schedules with predetermined findings for specific occupations:
Schedule A is a list of occupations for which the Administrator, United States Employment Service, has determined that there are not sufficient U.S. workers who are able, willing qualified, and available and that the wages and working conditions of U.S. workers similarly employed will not be adversely affected by the employment of aliens.
Schedule B is a list of occupations for which the Administrator, United States Employment Service, has determined that generally there are sufficient U.S. workers who are able, willing qualified, and available and that the wages and working conditions of U.S. workers similarly employed generally will be adversely affected by the employment of aliens.
Applications for Schedule A Labor certifications are granted or denied by the Immigration and Naturalization Service or the U.S. Consular office where the application is filed. General documentation requirements for Schedule A occupations are described in part IV of these instructions.
Application for alien Employment Certification forms and instructions and information on occupations listed on Schedules A and B may be obtained from State employment service offices, Immigration and Naturalization Service District Offices, and Consular offices abroad.
Fraud, False Statements and Perjury
Any employer or alien, or their agent or attorney, who, in the labor certification application process, knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, is subject to prosecution and a fine of not more than $10,000 or imprisonment of not more than five years, or both. 18 U.S.C. 1001.
Whoever knowingly subscribes as true any false statement with respect to a material fact in any Application for Alien Employment Certification or knowingly presents any such application containing, any such false statement is subject to prosecution and a fine of not more than $2,000 or imprisonment of not more than 5 years or both. 18 U.S.C. 1546.
Whoever, in an Application for Alien Employment Certification willfully subscribes as true any material which he or she does not believe to be true is subject to prosecution for perjury and a fine of not more than $2,000 or imprisonment of not more than five years, or both. 18 U.S.C. 162(2). This penalty applies whether the statement or subscription is made within or outside the United States.
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