H-1B Legal Attestation

H-1B LEGAL ATTESTATION

This H-1B Legal Attestation ("Attestation") is made as of by and between Employer Name: , an entity of type Corporation LLC Partnership Other , with principal place of business at ("Employer"), and Authorized Representative Name: , with address at ("Representative").

RECITALS

WHEREAS, Employer intends to file or has filed a petition seeking nonimmigrant classification for a foreign national under the H-1B program for the position of at the worksite located at for the period beginning and ending .

WHEREAS, Employer has completed and certified a Labor Condition Application (LCA) applicable to the foregoing position, LCA Case Number: , and identifies the prevailing wage as per , SOC Code: .

WHEREAS, Employer and Representative wish to set forth certain attestations, representations and obligations with respect to compliance with immigration and labor law requirements associated with the H-1B petition and related employment.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. ATTESTATION OF WAGE AND WORKING CONDITIONS

1.1 Employer hereby attests and warrants that Employer will pay the H-1B beneficiary the wage rate certified in the LCA and that such wage is not less than the required prevailing wage for the occupational classification and worksite specified in this Attestation. Employer further attests that the wage will be paid in accordance with applicable law and will not be reduced during the period of authorized employment except as permitted by regulation.

1.2 Employer confirms the wage rate to be paid to the beneficiary is per and that payroll will be processed through Employer or Employer's authorized payroll agent.

2. LCA POSTING AND NOTICE

2.1 Employer represents that, to the extent required by law, the LCA has been posted at the worksite(s) and/or provided to collective bargaining representatives in accordance with applicable posting rules for the period commencing and ending . Posting location(s):

2.2 Employer shall maintain contemporaneous records of LCA posting and provide copies to Representative upon request in connection with the petition process or any government inquiry.

3. RECRUITMENT; NON‑DISPLACEMENT

3.1 Employer affirms that prior to filing the H-1B petition it conducted recruitment efforts for the position as required by applicable rules and that the recruitment did not result in displacement of U.S. workers in like positions at the same worksite.

3.2 Has Employer displaced any similarly employed U.S. worker within 90 days preceding the date of filing the petition? Yes No

3.3 If displacement occurred, explain measures taken to remedy and certify whether a bona fide recruitment process preceded the H-1B filing:

4. FEES, COSTS AND PAYMENT

4.1 Employer certifies that Employer has borne all required employer-paid filing fees, training fees, and any necessary government charges associated with the H-1B petition and that no prohibited deductions have been or will be taken from the beneficiary's wages for such fees.

4.2 Attorney or Representative fees paid by Employer: ; Fees charged to beneficiary (if any permitted): Yes No

5. RECORDKEEPING AND INSPECTION

5.1 Employer agrees to retain all records required by law relating to the terms and conditions of employment of the H-1B beneficiary, including payroll, recruitment, and LCA posting records, for a period of from the date of final action on the petition or separation of employment, whichever is later.

5.2 Employer shall permit inspection of such records by governmental authorities and shall promptly provide copies to Representative upon lawful request to assist in responding to governmental inquiries.

6. REPRESENTATIONS AND WARRANTIES

6.1 Each party represents and warrants that it has the full corporate power and authority to enter into this Attestation and to perform its obligations hereunder; that the person executing this Attestation on behalf of each party is duly authorized to do so; and that this Attestation constitutes a legal, valid and binding obligation enforceable in accordance with its terms.

7. INDEMNIFICATION

7.1 Employer agrees to indemnify, defend and hold harmless Representative and its officers, directors and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or relating to Employer's failure to comply with any representation, warranty, obligation or legal requirement related to the H-1B petition or the employment of the beneficiary, except to the extent caused by Representative's willful misconduct or gross negligence.

8. NOTICES

All notices, demands and other communications required or permitted under this Attestation shall be in writing and shall be sent to the addresses set forth below by certified mail, overnight courier, or email with confirmation of receipt. Notice to Employer:

9. AMENDMENTS; WAIVER; COUNTERPARTS

9.1 This Attestation may not be amended except by a written instrument executed by both parties. No waiver of any term or condition of this Attestation shall be effective unless in writing and signed by the party against whom enforcement is sought.

9.2 This Attestation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be effective to bind the signing party.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

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

10.2 Entire Agreement. This Attestation constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

10.3 Severability. If any provision of this Attestation is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

11. MISCELLANEOUS

11.1 Survival. The obligations and representations set forth in this Attestation that by their nature should survive termination or expiration shall survive the termination or expiration of any employment relationship or this Attestation for the period required by law or as otherwise specified herein.

11.2 Cooperation. The parties agree to cooperate in good faith to provide such further documentation, execute such further instruments, and take such further actions as may be reasonably necessary to effectuate the purposes of this Attestation and to comply with applicable legal obligations related to the H-1B petition.

ADDITIONAL NOTATIONS

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