Posted on the legal notice bulletin board outside of the IBM Southbury Cafeteria between the afternoon of September 12, 2002 and the morning of September 17, 2002. ************************************************ U.S. Department of Labor - Labor Condition Application for H-1B Nonimigrants - ETA Form 9035 ************************************************ A. Employer's Information 1. Return Fax#: (left blank) 2. Employer Legal Name: INTERNATIONAL BUSINESS MACHINES 3. Employer's Address: 4800 FALLS OF NEUSE RD 4. Employer's City, St, ZIP: RALEIGH NC 27609 5. Employer's FIN Number: 13-0871985 6. Employer's Tel.#: 919-850-7916 ************************************************ B. Rate of Pay 1. Wage Rate (or Rate From): $85,000.00 2. Rate Up To: $100,000.00 3. Rate is per: Year 4. Is this position part-time?: No ************************************************ C. Period Of Employment and Occupation Information 1. Begin Date: 11/01/2002 2. End Date: 11/01/2005 3. Occupation Code: 030 4. Number of H-1B Nonimmigrants: 001 5. Job Title: SYSTEM MANAGEMENT INTEGRATOR PROFESSIONAL-SENIOR ************************************************ D. Information relating to Work Location for the H-1B nonimmigrants 1. City and State: SOUTHBURY CT 2. Prevailing Wage Rate: $85,301.00 3. Wage is Per: YEAR 4. Wage Source: OTHER 5. Year Source Published: 2002 6. Other Wage Source: OES WAGE DATA ************************************************ 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 ************************************************ 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 application ONLY to support H-1B petitions for exempt nonimmigrants. ************************************************ G. Public Disclosure Information: Public Disclosure Information Will Be Kept At: Employer's prinicipal place of business. ************************************************ 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: BRENDA 2. Last Name of Hiring or Other Designated Official: FOSTER 3. Hiring or Other Designated Official Title: IMMIGRATION PARTNER 4. Signature: brenda foster 5. Date: 08/26/02 ************************************************ I. Contact Information (section not completed!) ************************************************ J. U.S. Govermnet Agency Use Only By virtue of my signature below, I hereby acknowledge this application certified for Date Starting 11/02/2002 and Date Ending 11/01/2005 (Illegible signature) _____________________________________________ Signature and Title of Authorized DOL Official ETA Case Number I-02238-0221393 Date 08/26/2002 ************************************************ 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 ************************************************