Employment-Based Immigration PERM EB3 RA

EMPLOYMENT-BASED IMMIGRATION PERM EB-3 RECRUITMENT ATTESTATION

This Recruitment Attestation (the "Attestation") is entered into by Employer Name: and Beneficiary Name: for the position of Job Title: located at Work Location: .

RECITALS

WHEREAS, Employer seeks permanent employment-based immigration certification under the third-preference employment-based category (EB-3) and has undertaken recruitment efforts for the position identified above; and

WHEREAS, Employer represents that it will comply with applicable labor certification recruitment regulations, pay the prevailing wage, and maintain adequate recruitment documentation for audit and inspection; and

WHEREAS, Beneficiary seeks lawful permanent residence based on employment upon successful labor certification and consents to the disclosure of necessary recruitment information to government authorities in connection with the application;

NOW, THEREFORE, in consideration of the mutual covenants and representations set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Attestation, "Recruitment Period" means the dates during which recruitment steps were carried out as required by program rules. Recruitment Period Start: Recruitment Period End:

2. RECRUITMENT UNDERTAKINGS

Employer certifies that it performed the following recruitment steps in good faith and consistent with applicable regulatory requirements. Employer has selected and completed the following methods (check all that apply) and recorded corresponding dates:

3. RECRUITMENT RESULTS AND REPORT

Employer shall document all responses to recruitment, evaluate U.S. applicants, and provide a written recruitment report setting forth the number of U.S. applicants, the lawful status of each U.S. applicant, and specific lawful job-related reasons for rejection of each U.S. applicant found not qualified for the job.

Employer acknowledges that the recruitment report must accurately reflect evaluations made in good faith and that retention of recruitment documentation is required for inspection and audit for the period mandated by law.

4. PREVAILING WAGE AND COMPENSATION

Employer attests that it will offer and pays at least the prevailing wage for the occupation and area of intended employment and that the wage offered to the Beneficiary will not be lower than Prevailing Wage Amount: per .

5. RECORDKEEPING, AUDIT AND ACCESS

Employer shall retain all recruitment records, applications, resumes, interview notes, and any other documentation that demonstrates compliance with recruitment requirements for a period of five (5) years from the date of filing the permanent labor certification application and shall promptly provide copies to governmental authorities upon request.

6. REPRESENTATIONS AND WARRANTIES

Employer represents and warrants that (a) all factual statements contained in the recruitment report are true and accurate to the best of Employer's knowledge; (b) the recruitment was conducted in good faith and without unlawful discrimination; and (c) Employer will comply with all applicable labor and immigration laws in connection with the recruitment and filing of the labor certification application.

Beneficiary represents that the information provided by Beneficiary to Employer regarding qualifications, prior employment, and immigration status is true and complete, and consents to Employer's use of such information in preparing filings and responses required by authorities.

7. INDEMNIFICATION

Employer agrees to indemnify and hold harmless Beneficiary from and against any liabilities, fines, penalties, or expenses arising from Employer's material misrepresentations or failures to comply with recruitment or wage obligations. Beneficiary agrees to indemnify Employer for any material misrepresentations made by Beneficiary that cause Employer to incur liability.

8. NOTICES

All notices under this Attestation shall be in writing and delivered to the addresses below by personal delivery, certified mail, or overnight courier. Notice to Employer:

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Attestation shall be governed by and construed in accordance with the laws of the state of Governing State: without regard to its conflicts of law principles.

This Attestation constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, agreements, and understandings, whether written or oral.

If any provision of this Attestation is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Attestation may be amended only by a written instrument executed by both parties. The waiver by either party of any breach of any provision shall not operate or be construed as a waiver of any subsequent breach. This Attestation may be executed in counterparts, each of which shall be deemed an original.

11. CERTIFICATIONS

Employer certifies under penalty of perjury that the statements contained in this Attestation and the accompanying recruitment report are true and correct to the best of Employer's knowledge and belief, and that Employer understands that false statements may subject Employer to criminal or civil penalties.

Beneficiary certifies under penalty of perjury that the information provided to Employer for purposes of recruitment and filing is true and correct to the best of Beneficiary's knowledge and belief.

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