AWI PROGRAMS
Alien Labor Certification
What are the Instructions for Completing Form ETA 750 for Temporary Employment?
Part A. Offer of TEMPORARY Employment (To be completed by the employer).
NOTE: Please submit two completed forms 750 (two original copies). Each forms must be one page, front to back. The forms must have an original signature signed by the employer (and agent if applicable).
Item 1. Name of Alien. Enter full name. If unknown, enter "unknown" or "unnamed" alien(s). Include the number of positions. Positions must be identical for multiple openings.
Item 2. Present Address of Alien. Enter if in the U.S. or elsewhere.
Item 3. Type of Visa. If the alien is in the U.S.
Item 4. Name of Employer. Full name of business, firm, etc. If individual, list the name used for legal purposes.
Item 5. Telephone Number. Where employer can be reached during daytime business hours.
Item 6. Address of Employer. Complete address.
Item 7. Address Where Alien will work. Where work will actually be performed, if different from Item #6.
Item 8. Nature of Employer's Business. Brief description, such as retail store, private household.
Item 9. Name of Job Title. Common name or payroll title of the job being offered.
Item 10. Total Hours Per Week. Basic hours of work and overtime per week per State or Federal laws.
Item 11. Work Schedule. Daily work schedule. Include days if not M-F.
Item 12. Rate of Pay. Guaranteed wage and unit of pay (hour, month, year).
Item 13. Job Duties. Describe the job duties, in detail, that would be performed by any worker filling the job. Specify equipment used and pertinent working conditions.
Item 14. Minimum Education, Training, and Experience Required to Perform the Job Duties. Do not duplicate time requirements. Indicate months or years. Include only requirements which are business necessities for performance of the job.
Item 15. Other Special Requirements. Job-related requirements, such as typing, driver's license. Submit documentation to show business necessity for any special requirement.
Item 16. Occupational Title of Person Who Will Supervise Alien: Job title, not personal name of an individual.
Item 17. Number of Employees Alien Will Supervise: If applicable.
MAKE NO MARKS OR ENTRIES IN THE SPACE IMMEDIATELY BELOW ITEMS #16 AND #17
Item 18.
a. No. Of Openings to be filled by Aliens Under Job Offer: Be specific.
b. Exact Dates You Expect to Employ Alien: Be specific. Duration must be less than 365 days. Use complete dates (month, day, year). "From" date must be at least 60 days and no more than 120 days from the date application is received by the Employment Service (this is known as the "priority date").
Item 19. If Job is Unionized: Include all information.
Item 20. Statement for Live-at-Work Job Offers: Private household jobs only. (See below*)
Item 21. Recruitment Efforts. Describe in detail efforts to recruit U.S. workers for the job opportunity and the results. List sources of recruitment by name. Specify the number of applicants interviewed from each source and the lawful, job-related reasons why they were not hired.
Item 22. Documentation. Department of Labor regulations require that an employer submit documentation to clearly show that the job offer and the recruitment of U.S. workers are in compliance with regulations. In addition, special documentation is required for certain occupational groups.
Item 23. Employer Certifications. Read carefully. The employer certifies to these eight (8) conditions of employment by signing the form.
Item 24. Employer Declaration. All copies of this form must bear the original signature of the employer or the employer's duly authorized representative with hiring authority. False statements are subject to Federal perjury and fraud penalties. The authorization of agent is completed only when the employer designates an agent to represent the employer in applying for labor certification. It is recommended that the employer not sign a blank form, since the employer takes full responsibility for any representations of its agent.
*LIVE-IN JOB OFFERS IN PRIVATE HOUSEHOLDS MUST INCLUDE COMPLETED ETA 750, PART A, PLUS THE FOLLOWING:
1.Two copies of the agreement between the employer and the domestic service worker, each with original signatures of the employer and alien and dates. The contract must contain the same wages, job duties, hours of work, etc., as those specified on the ETA 750, Part A, Offer Of Employment.
2.A signed statement as to the business-related reason why the alien must live in your home. Employer convenience is not a sufficient reason for labor certification. The statement should address the question of why a U.S. day worker and/or child care center could not be used.
3.A letter from a present or former employer(s) of the household service worker to document a minimum of one year of paid experience in that occupation as required by Federal regulations. Statement must include dates (month and year) that employment started and ended, hours of work per day, number of days worked per week, place where the alien worked, detailed statement of duties performed on the job, equipment and appliances used, and the amount of wages paid per hour, week or month. Each statement must contain the name and address of the person who signed it and show the date the statement was signed.