Employment-Based PERM EB3 Form

Employment-Based PERM EB3 Form

This Employment-Based PERM EB3 Labor Certification Acknowledgment (the "Agreement") is made and entered into as of by and between Employer Name: , Employer EIN: , Employer Address: (hereinafter "Employer"), and Beneficiary Name: , Beneficiary A-Number (if any): , Beneficiary Address: (hereinafter "Beneficiary").

RECITALS

WHEREAS, Employer seeks to obtain permanent labor certification under the employment-based third preference classification (EB-3) for the position described below and to sponsor the Beneficiary for lawful permanent residence; and

WHEREAS, Employer represents that it has conducted or will conduct required recruitment in good faith and in accordance with applicable labor certification requirements and will attest to the results of recruitment and the absence of willing, qualified, and available U.S. workers for the position; and

WHEREAS, Beneficiary represents that Beneficiary meets the minimum qualifications and will cooperate with Employer in providing documentation and information necessary to support the labor certification application.

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

1. DEFINITIONS

For purposes of this Agreement, the following definitions apply: "PERM" means the Program Electronic Review Management process for certification of permanent labor; "Position" means the job opening for which Employer seeks certification; "Recruitment" means all lawful recruitment activities conducted by Employer in support of the PERM application.

2. POSITION AND TERMS OF EMPLOYMENT

Job Title: . Job Location: .

Minimum Education: ; Minimum Experience: ; Full-time Position: Yes

3. RECRUITMENT AND PREVAILING WAGE

Recruitment Activities Conducted (summary):

Recruitment Start Date: Recruitment End Date: Prevailing Wage Determination:

4. EMPLOYER ATTESTATIONS

Employer hereby attests, under penalty of perjury and to the best of Employer's knowledge, as follows:

Employer did not and will not displace a U.S. worker within the relevant period for this position and has complied with the non-displacement requirements applicable to the EB-3 recruitment process.

Employer conducted recruitment in good faith and has not altered job requirements to preclude qualified U.S. applicants; Employer made a good faith effort to recruit, evaluate, and hire U.S. applicants prior to filing.

Employer has the financial ability to pay the offered wage as of the priority date and will continue to demonstrate ability to pay until the beneficiary obtains permanent residence.

5. BENEFICIARY REPRESENTATIONS

Beneficiary represents and warrants that Beneficiary possesses the education, training, experience, and any required licenses or certifications stated in this Agreement and in the recruitment materials. Beneficiary agrees to cooperate with Employer and counsel by providing truthful documentation and information necessary to support the PERM application and any subsequent immigration filings.

Beneficiary confirms that any representations made to Employer regarding qualifications are complete and accurate. Beneficiary acknowledges that material misrepresentation may result in denial of the application and possible civil or criminal penalties.

6. RECORDKEEPING AND COOPERATION

Employer shall retain complete recruitment records, applications, resumes, interview notes, and any records required by applicable labor certification rules for not less than five (5) years from the filing date or as otherwise required by law. Employer shall provide copies of such records to Beneficiary upon written request where permitted by law.

Employer and Beneficiary shall cooperate fully in responding to inquiries, audits, or investigations by competent authorities and shall promptly provide required documentation and attestations.

7. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the notice addresses set forth above by hand delivery, mail, or other recognized delivery service and shall be effective upon receipt.

8. AMENDMENTS, WAIVER, COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both Employer and Beneficiary. No failure or delay by either party to exercise any right shall operate as a waiver of that right. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the primary work location is situated, without regard to its conflicts of law rules. The parties expressly agree that any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in that state.

Entire Agreement: This Agreement, together with any attachments or schedules mutually executed by the parties, constitutes the entire agreement between the parties with respect to the PERM labor certification and supersedes all prior understandings and agreements, whether written or oral.

Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be construed to effectuate the parties' intent as nearly as possible.

10. CERTIFICATIONS AND ACKNOWLEDGMENTS

Employer certifies under penalty of perjury that the information contained in any labor certification application submitted on behalf of Beneficiary is true and correct to the best of Employer's knowledge, and that Employer will comply with all applicable labor certification obligations, including but not limited to recruitment, record retention, and wage obligations.

Beneficiary certifies under penalty of perjury that the information provided to Employer in support of the PERM application is true and accurate, and that Beneficiary will cooperate in providing documents necessary to verify eligibility.

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