These are the statements which you as the employer certify in the labor certification form:

a. You have enough funds available to pay the wage or salary offered the alien

b. The wage offered equals or exceeds the prevailing wage and you guarantee that, if a labor certification is granted, the wage paid to the alien when the alien begins work will equal or exceed the prevailing wage which is applicable at the time the alien begins work

c. The wage offered is not based on commissions, bonuses, or other incentives, unless you guarantee a wage paid on a weekly, bi-weekly, or monthly basis

d. You will be able to place the alien on the payroll on or before the date of the alien's proposed entrance into the United States

e. The job opportunity does not involve unlawful discrimination by race, creed, color, national origin, age, sex, religion, handicap, or citizenship

f. The job opportunity is not:

(1) Vacant because the former occupant is on strike or is being locked out in the course of a labor dispute involving a work stoppage

(2) At issue in a labor dispute involving a work stoppage

g. The job opportunity's terms, conditions and occupational environment are not contrary to Federal, State or local law

h. The job opportunity has been and is clearly open to any qualified U.S. worker The employer must clearly affirm that it is ready and willing to hire qualified U.S. workers, and cannot proceed further with its labor certification application if qualified U.S. workers apply for the position (but the Department of Labor cannot compel the employer to hire a U.S. worker). Also, the employer affirms that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

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