Labor Condition Application for H1B H1B1 and E3 Nonimmigrant Workers Form ETA9035CP of Labor IMPORTANT: Please read these instructions carefully before completing the Form ETA9035 or 9035E Labor Condition Application (LCA) for Nonimmigrant Workers. These instructions contain full explanations of the questions and attestations that make up the LCA Form ETA9035 and 9035E with further information about the employers obligations provided in 20 CFR 655 Subpart H. If the employer plans to file nonelectronically which is allowed only for certain reasons set out below ALL required fields and items containing an asterisk * must be completed as well as any fields and items where a response is conditioned on the response to another required section/field or item as indicated by the section symbol. In accordance with 20 CFR 655.740 once an LCA has been received from an employer a determination will be made by the ETA Certifying Officer whether to certify the LCA or return it to the employer not certified. Where all items on the Form ETA 9035 or 9035E are complete and do not contain obvious inaccuracies the ETA Certifying Officer will certify the LCA within 7 working days of the date the LCA is received and date stamped by the Department. If the LCA is not certified pursuant to 20 CFR 655.740(a)2(i) or (ii) the ETA Certifying Officer will return it to the employer or the employers authorized agent or representative explaining the reason(s) for such return without certification. Except in the case of a disqualification issued by the Wage Hour Administrator the employer may submit a corrected LCA to the Department for review which shall be treated as a new LCA and processed on a first come first served basis. Anyone who knowingly and willingly furnishes false information in the preparation of the Form ETA 9035 or 9035E and any supplement thereto or aids abets or counsels another to do so is committing a Federal offense under 18 U.S.C. 1001 or other provisions of law.
A: EmploymentBased Nonimmigrant Visa Information
1 Indicate the type of visa classification supported by this application H1B B: Temporary Need Information 1 Job Title PeopleSoft Consultant 2/B.3 SOC (ONET/OES) Code and Occupation Title
151299.08
2/B.3 SOC (ONET/OES) Code and Occupation Title
Computer Systems Engineers/Architects
C: Employer Information 4 Is this a fulltime position YES 5 Begin Date 10/1/2025
6 End Date 9/30/2028
7 Total Worker Positions Being Requested for Certification
1
a. New Employment 0
b. Continuation of previously approved employment without change with the same employer
1
c. Change in previously approved employment 0
d. New concurrent employment 0
e. Change in employer 0
C: Employer Information 1 Legal Business Name ASTUTE BUSINESS SOLUTIONS
D: Employer Point of Contact Information 3 Address 1 11501 DUBLIN BLVD
4 Address 2 (apartment/suite/floor and number) SUITE 200
5 City DUBLIN
6 State TEXAS
7 Postal Code 94568
8 Country UNITED STATES OF AMERICA
10 Telephone Number
12 Federal Employer Identification Number (FEIN from IRS)
13 NAICS Code 541511
13 NAICS Description Software programming services custom computer D: Employer Point of Contact Information 1 Contacts Last (family) Name MEHANDRU
E: Attorney or Agent Information (if applicable) 2 First (given) Name SUDHIR
3 Middle name(s) K.
4 Contacts Job Title VICE PRESIDENT SALES AND CLIENT
SERVICES
5 Address 1 11501 DUBLIN BLVD 6 Address 2 (apartment/suite/floor and number) SUITE 200
7 City DUBLIN
8 State CALIFORNIA
9 Postal Code 94568
10 Country UNITED STATES OF AMERICA
12 Telephone Number
14 Business email address
E: Attorney or Agent Information (if applicable) 1 Is the employer represented by an attorney or agent in the filing of this application
Attorney
2 Attorney or Agents Last (family) Name THEREJAKAPOOR
3 First (given) Name SUNITA
4 Middle Name(s) N/A
5 Address 1 2825 Wilcrest Drive
6 Address 2 (apartment/suite/floor and number) Suite 615
7 City Houston 8 State TEXAS
9 Postal Code 77042
10 Country UNITED STATES OF AMERICA
11 Province TX
12 Telephone Number 14 Email Address
15 Law Firm/Business Name Law Offices of Sunita Kapoor PC
16 Law Firm/Business FEIN
17 State Bar Number
18 State of highest state court where attorney is in good standing
NEW YORK
19 Name of highest state court where attorney is in good standing
APPELLATE DIVISION OF THE SUPREME COURT OF NEW YORK F: Employment and Wage Information F. Use the fields above to enter the details of each additional place of employment when applicable Wage Rate Paid to Nonimmigrant Workers From
48.07
Wage Rate Paid to Nonimmigrant Workers To 48.08
Wage Rate Paid to Nonimmigrant Workers Per Hour
Prevailing Wage Rate 34.38
Prevailing Wage Rate Per Hour
In order for your application to be processed you MUST read Section G of the Form ETA9035CP General Instructions for the 9035 & 9035E under the heading Employer Labor Condition Statements and agree to all four 4 labor condition statements summarized below: 1. Wages: The employer shall pay nonimmigrant workers at least the prevailing wage or the employers actual wage whichever is higher and pay for nonproductive time. The employer shall offer nonimmigrant workers benefits and eligibility for benefits provided as compensation for services on the same basis as the employer offers to U.S. workers. The employer shall not make deductions to recoup a business expense(s) of the employer including attorney fees and other costs connected to the performance of H1B H1B1 or E3 program functions which are required to be performed by the employer. This includes expenses related to the preparation and filing of this LCA and related visa petition information. 20 CFR 655.731; 2. Working Conditions: The employer shall provide working conditions for nonimmigrants which will not adversely affect the working conditions of workers similarly employed. The employers obligation regarding working conditions shall extend for the duration of the validity period of the certified LCA or the period during which the worker(s) working pursuant to this LCA is employed by the employer whichever is longer. 20 CFR 655.732; 3. Strike Lockout or Work Stoppage: At the time of filing this LCA the employer is not involved in a strike lockout or work stoppage in the course of a labor dispute in the occupational classification in the area(s) of intended employment. G: Employer Labor Condition Statements Identify the source user for the prevailing wage (PW)
f13isoesprevailingwage
Wage Level I
Source Year 7/1/2024 6/30/2025 Enter the estimated number of workers that will perform work at this place of employment under the LCA 1
Indicate whether the worker(s) subject to this LCA will be placed with a secondary entity at this place of employment NO Address 1 11501 Dublin Blvd
Address 2 (apartment/suite/floor and number) Suite 200
City Dublin
County ALAMEDA
State/District/Territory CALIFORNIA
Postal Code 94568 G: Employer Labor Condition Statements In order for your application to be processed you MUST read Section G of the Form ETA9035CP General Instructions for the 9035 & 9035E under the heading Employer Labor Condition Statements and agree to all four 4 labor condition statements summarized below: 1. Wages: The employer shall pay nonimmigrant workers at least the prevailing wage or the employers actual wage whichever is higher and pay for nonproductive time. The employer shall offer nonimmigrant workers benefits and eligibility for benefits provided as compensation for services on the same basis as the employer offers to U.S. workers. The employer shall not make deductions to recoup a business expense(s) of the employer including attorney fees and other costs connected to the performance of H1B H1B1 or E3 program functions which are required to be performed by the employer. This includes expenses related to the preparation and filing of this LCA and related visa petition information. 20 CFR 655.731; 2. Working Conditions: The employer shall provide working conditions for nonimmigrants which will not adversely affect the working conditions of workers similarly employed. The employers obligation regarding working conditions shall extend for the duration of the validity period of the certified LCA or the period during which the worker(s) working pursuant to this LCA is employed by the employer whichever is longer. 20 CFR 655.732; 3. Strike Lockout or Work Stoppage: At the time of filing this LCA the employer is not involved in a strike lockout or work stoppage in the course of a labor dispute in the occupational classification in the area(s) of intended employment. The employer will notify the Department of Labor within 3 days of the occurrence of a strike or lockout in the occupation and in that event the LCA will not be used to support a petition filing with the U.S. Citizenship and Immigration Services (USCIS) until the DOL Employment and Training Administration (ETA) determines that the strike or lockout has ended. 20 CFR 655.733; 4. Notice: Notice of the LCA filing was provided no more than 30 days before the filing of this LCA or will be provided on the day this LCA is filed to the bargaining representative in the occupation and area of intended employment or if there is no bargaining representative to workers in the occupation at the place(s) of employment either by electronic or physical posting. This notice was or will be posted for a total period of 10 days except that if employees are provided individual direct notice by email notification need only be given once. A copy of the notice documentation will be maintained in the employers public access file. A copy of this LCA will be provided to each nonimmigrant worker employed pursuant to the LCA. The employer shall no later than the date the worker(s) report to work at the place(s) of employment provide a signed copy of the certified LCA to the worker(s) working pursuant to this LCA. 20 CFR 655.734.
1 I have read and agree to Labor Condition Statements 1 2 3 and 4 above and as fully YES explained in Section G of the Form ETA 9035CP General Instructions for the 9035 & 9035E and the Departments regulations at 20 CFR 655 Subpart H.
1 At the time of filing this LCA is the employer H1B dependent NO 2 At the time of filing this LCA is the employer a willful violator NO
I/J: Employer Obligations
Notice of Obligations A. Upon receipt of the certified LCA the employer must take the following actions: Print and sign a hard copy of the LCA if filing electronically(20 CFR 655.705(c)3; Maintain the original signed and certified LCA in the employers files 20 CFR 655.705(c)2; 20 CFR 655.730(c)3 ; and 20 CFR 655.760 Make a copy of the LCA as well as necessary supporting documentation required by the Department of Labor regulations available for public examination in a public access file at the employers principal place of business in the U.s> or at the place of employment within one working day after the date on which the LCA is filed with the Department of Labor 20 CFR 655.705(c)2 and 20 CFR 655.760. B. The employer must develop sufficient documentation to meet its burden of proof with respect to the validity of the statements made in its LCA and the accuracy of information provided in the event that such statements or information is challenged 20 CFR 655.705(c)5 and 20 CFR 655.700(d)(iv). C. The employer must make this LCA supporting documentation and other records available to officials of the Department of Labor upon request during any investigation under the immigration and Nationality Act 20 CFR 655.760 and 20 CFR Subpart I).
I declare under penalty of perjury that I have read and reviewed this application and that to the best of my knowledge the information contained therein is true and accurate. I understand that to knowingly furnish materially false information in the preparation of this form and any supplemental thereto or to aid abet or counsel another to do so is a federal offense punishable fines imprisonment or both 18 U.S.C.
1 Public disclosure information in the United States will be kept at: (You must select one or both of the options listed in this Section. Employers principal place of business
1 Last (family) name of hiring or designated official
MEHANDRU
2 First (given) name of hiring or designated official
SUDHIR
3 Middle Initial K.
4 Hiring or designated official title VICE PRESIDENT SALES AND CLIENT SERVICES
K: LCA Preparer 1 Last (family) Name N/A
2 First (given) Name N/A
3 Middle Initial N/A
4 Firm/Business Name NOT APPLICABLE
5 Email Address N/A
APP A: Appendix A Educational Attainment Documentation Appendix A. Record(s)
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