H-1B Form 9035: PageLink#677973
Posted on the legal notice bulletin board
outside of the IBM Southbury Cafeteria
between the afternoon of 06/22/2001 and the
morning of 06/26/2001 (at least six days
AFTER the start date of this position, so much
for giving U.S. employees advance notice!)

One or more of the three printed pages of this
form were not properly displayed, which is a
violation of the law. One or more parts of the
form were covered by other forms posted on the
bulletin board, or part of the form was folded
under, making it unreadable.
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U.S. Department of Labor - 
Labor Condition Application for H-1B Nonimigrants - 
ETA Form 9035
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A. Employer's Information
1. Return Fax#: 801-640-6893
2. Employer Legal Name: IBM CORPORATION
3. Employer's Address: 3808 SIX FORKS RD
4. Employer's City, St, ZIP: RALEIGH NC 27609
5. Employer's FIN Number: 13-0871985
6. Employer's Tel.#: 919-301-6890
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B. Rate of Pay
1. Wage Rate (or Rate From): 85000.00
2. Rate Up To: 100000.00
3. Rate is per: Year
4. Is this position part-time?: No
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C. Period Of Employment and Occupation Information
1. Begin Date: 06/15/2001
2. End Date: 06/15/2004
3. Occupation Code: 030
4. Number of H-1B Nonimmigrants: 010
5. Job Title: SOFTWARE ENGINEER
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D. Information relating to Work Location for
the H-1B nonimmigrants
1. City and State: SOUTHBURY CT
2. Prevailing Wage Rate: 76856.00
3. Wage is Per: YEAR
4. Wage Source: OTHER
5. Year Source Published: 2001
6. Other Wage Source: OES WAGE DATA
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E. Employer Labor Conditions Statement
1) Wages: Pay nonimmigrants at least the local
prevailing wage or the employer's actual wage,
whichever is higher, and pay for non-productive
time.  Offer nonimmigrants benefits on same basis
as U.S. workers.
2) Working Conditions: Provide working conditions
for nonimmigrants which will not adversely affect
the working conditions of workers similarly employed.
3) Strike, Lockout, or Work Stoppage: No strike or
lockout in the occupational classification at the
place of employment.
4) Notice: Notice to union or to workers at the place
of employment.  A copy of this form to H-1B workers.

I have read and agree to Employer Labor Condition
Statements 1, 2, 3, and 4 as set forth in Section E
of the Labor Condition Application Cover Pages: Yes
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F. Additional Employer Labor Condition Statements
Subsection I.
A) (checked) Employer is not H-1B dependent and
   is not a willful violater.
C) (not-checked) Employer is H-1B dependent and/or
   a willful violator BUT will use this
   applicationONLY to support H-1B petitions for
   exempt nonimmigrants.
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G. Public Disclosure Information:
Public Disclosure Information Will Be Kept At:
Employer's prinicipal place of business.
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H. Declaration of Employer:
By signing this form, I, on behalf of the employer,
attest that the information and labor condition
statements provided are trueand accurate; that I
have read the sections E and F of the cover pages
(form ETA 9035CP), and that I agree to comply with
the Labor Conditions Statements as set forth in the
cover pages and with the Department of Labor
regulations (20 CFR, part 655, Subparts H and I).
I agree to make this application, supporting
documentation, and other records, available to
officials of the Department of Labor upon request
during any investigation under the Immigration and
Nationality Act.
1. First Name of Hiring or Other Designated
   Official: OLGA
2. Last Name of Hiring or Other Designated
   Official: BARANOVA
3. Hiring or Other Designated Official Title:
   IMMIGRATION PARTNER
4. Signature: O Baranova
5. Date: 06/13/2001
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I. Contact Information
(section not completed!)
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J. U.S. Govermnet Agency Use Only
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K. Complaints
Complaints alleging misrepresentation of material
facts in the labor condition application and/or
failure to comply with the terms of the labor
condition application may be filed with any office
of the Wage and Hour Division of the United States
Department of Labor.  Complaints alleging failure to
offer employment to an equally or better qualified
U.S. worker, or an employer's misrepresentation
regarding such offer(s) of employment, may be filed
with: U.S. Department of Justice * 10th Street and
Constitution Avenue, NW * Washington, DC * 20530
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Page Link: 677973