Eta 9165-2026

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  1. Click ‘Get Form’ to open the eta 9165 in the editor.
  2. Begin by filling out Section A, providing your contact information. Ensure all required fields marked with * are completed accurately.
  3. Proceed to Section B, where you will enter your employer information. Again, pay attention to the required fields and ensure they are filled out legibly.
  4. In Section C, provide details about the employer-provided survey. Answer questions regarding collective bargaining agreements and include the name of the third-party surveyor if applicable.
  5. Move on to Section D, detailing the relationship of the job opportunity to the survey. Include job titles and duties as necessary.
  6. Complete Section E by outlining the survey methodology. Be thorough in describing how many employers were contacted and how responses were solicited.
  7. Finally, fill out Section F for your declaration. Ensure that all names and signatures are provided before submitting.

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The employer must pay at least the offered wage indicated on the Application, which equals or exceeds the highest of the prevailing wage or Federal minimum wage, State minimum wage, or local minimum wage, for all hours worked during the entire period of the job order, and must pay those wages free and clear.
A complete application would consist of two forms. An Application for Permanent Labor Certification form (ETA Form 9089) and a Prevailing Wage Determination Request (PWDR) form (ETA Form 9088). The application form would require the employer to respond to 56 items.
1. IMPORTANT: Please read these instructions carefully before completing the Form ETA-9165 Employer-Provided Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey, which is used for non-Occupational Employment Statistics (non- OES) surveys.

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