Labor Condition Application for H-1B, H-1B1 and E-3 Nonimmigrant Workers
Form ETA-9035CP
U.S.Department of Labor
IMPORTANT: Please read these instructions carefully before completing the Form ETA-9035 or 9035E – Labor Condition Application (LCA) for Nonimmigrant Workers. These instructions contain full explanations of the questions and attestations that make up the LCA, Form ETA-9035 and 9035E, with further information about the employer’s obligations provided in 20 CFR 655 Subpart H. If the employer plans to file non-electronically, which is allowed only for certain reasons set out below, ALL required fields and items containing an asterisk (*) must be completed as well as any fields and items where a response is conditioned on the response to another required section/field or item as indicated by the section (§) symbol. In accordance with 20 CFR 655.740, once an LCA has been received from an employer, a determination will be made by the ETA Certifying Officer whether to certify the LCA or return it to the employer not certified. Where all items on the Form ETA- 9035 or 9035E are complete and do not contain obvious inaccuracies, the ETA Certifying Officer will certify the LCA within 7 working days of the date the LCA is received and date- stamped by the Department. If the LCA is not certified pursuant to 20 CFR 655.740(a)(2)(i) or (ii), the ETA Certifying Officer will return it to the employer, or the employer’s authorized agent or representative, explaining the reason(s) for such return without certification. Except in the case of a disqualification issued by the Wage Hour Administrator, the employer may submit a corrected LCA to the Department for review, which shall be treated as a new LCA and processed on a “first come, first served” basis. Anyone who knowingly and willingly furnishes false information in the preparation of the Form ETA- 9035 or 9035E and any supplement thereto, or aids, abets, or counsels another to do so is committing a Federal offense under 18 U.S.C. 1001 or other provisions of law.

A: Employment-Based Nonimmigrant Visa Information

1 Indicate the type of visa classification
supported by this application     H-1B
B: Temporary Need Information
1 Job Title PeopleSoft Consultant
2/B.3 SOC (ONET/OES) Code and Occupation
Title

15-1299.08

2/B.3 SOC (ONET/OES) Code and Occupation
Title

Computer Systems
Engineers/Architects

C: Employer Information
4 Is this a full-time position? YES
5 Begin Date 10/1/2025

6 End Date 9/30/2028

7 Total Worker Positions Being Requested for
Certification

1

a. New Employment 0

b. Continuation of previously approved
employment without change with the same
employer

1

c. Change in previously approved employment 0

d. New concurrent employment 0

e. Change in employer 0

C: Employer Information
1 Legal Business Name ASTUTE BUSINESS SOLUTIONS

D: Employer Point of Contact Information
3 Address 1 11501 DUBLIN BLVD

4 Address 2 (apartment/suite/floor and number) SUITE 200

5 City DUBLIN

6 State TEXAS

7 Postal Code 94568

8 Country UNITED STATES OF AMERICA

10 Telephone Number +19259973267

12 Federal Employer Identification Number
(FEIN from IRS)

20-5627823

13 NAICS Code 541511

13 NAICS Description Software programming services, custom computer
D: Employer Point of Contact Information
1 Contact's Last (family) Name MEHANDRU

E: Attorney or Agent Information (if applicable)
2 First (given) Name SUDHIR

3 Middle name(s) K.

4 Contact's Job Title VICE PRESIDENT SALES AND CLIENT

SERVICES

5 Address 1 11501 DUBLIN BLVD
6 Address 2 (apartment/suite/floor and number) SUITE 200

7 City DUBLIN

8 State CALIFORNIA

9 Postal Code 94568

10 Country UNITED STATES OF AMERICA

12 Telephone Number +19259973267

14 Business e-mail address SUDHIR@BEASTUTE.COM

E: Attorney or Agent Information (if applicable)
1 Is the employer represented by an attorney or
agent in the filing of this application?

Attorney

2 Attorney or Agent's Last (family) Name THEREJA-KAPOOR

3 First (given) Name SUNITA

4 Middle Name(s) N/A

5 Address 1 2825 Wilcrest Drive

6 Address 2 (apartment/suite/floor and number) Suite 615

7 City Houston
8 State TEXAS

9 Postal Code 77042

10 Country UNITED STATES OF AMERICA

11 Province TX

12 Telephone Number +17137823332
14 Email Address law@sunitakapoor.com

15 Law Firm/Business Name Law Offices of Sunita Kapoor PC

16 Law Firm/Business FEIN 27-1955172

17 State Bar Number 4578084

18 State of highest state court where attorney is
in good standing

NEW YORK

19 Name of highest state court where attorney
is in good standing

APPELLATE DIVISION OF THE
SUPREME COURT OF NEW YORK
F: Employment and Wage Information
F. Use the fields above to enter the details of
each additional place of employment, when
applicable
Wage Rate Paid to Nonimmigrant Workers
From

48.07

Wage Rate Paid to Nonimmigrant Workers To 48.08

Wage Rate Paid to Nonimmigrant Workers
Per  Hour

Prevailing Wage Rate 34.38

Prevailing Wage Rate Per Hour

In order for your application to be processed, you MUST read Section G of the Form ETA-9035CP - General Instructions for the
9035 & 9035E under the heading “Employer Labor Condition Statements” and agree to all four (4) labor condition statements
summarized below:
1. Wages: The employer shall pay nonimmigrant workers at least the prevailing wage or the employer’s actual wage,
whichever is higher, and pay for non-productive time. The employer shall offer nonimmigrant workers benefits and
eligibility for benefits provided as compensation for services on the same basis as the employer offers to U.S. workers.
The employer shall not make deductions to recoup a business expense(s) of the employer including attorney fees and
other costs connected to the performance of H-1B, H-1B1, or E-3 program functions which are required to be performed
by the employer. This includes expenses related to the preparation and filing of this LCA and related visa petition
information. 20 CFR 655.731;
2. Working Conditions: The employer shall provide working conditions for nonimmigrants which will not adversely affect
the working conditions of workers similarly employed. The employer’s obligation regarding working conditions shall
extend for the duration of the validity period of the certified LCA or the period during which the worker(s) working
pursuant to this LCA is employed by the employer, whichever is longer. 20 CFR 655.732;
3. Strike, Lockout, or Work Stoppage: At the time of filing this LCA, the employer is not involved in a strike, lockout, or
work stoppage in the course of a labor dispute in the occupational classification in the area(s) of intended employment.
G: Employer Labor Condition Statements
Identify the source user for the prevailing
wage (PW)

f13_is_oes_prevailing_wage

Wage Level I

Source Year 7/1/2024 - 6/30/2025
Enter the estimated number of workers that
will perform work at this place of employment
under the LCA       1

Indicate whether the worker(s) subject to this
LCA will be placed with a secondary entity at
this place of employment    NO
Address 1 11501 Dublin Blvd

Address 2 (apartment/suite/floor and number) Suite 200

City Dublin

County ALAMEDA

State/District/Territory CALIFORNIA

Postal Code 94568
G: Employer Labor Condition Statements
In order for your application to be processed, you MUST read Section G of the Form ETA-9035CP - General Instructions for the 9035 & 9035E under the heading “Employer Labor Condition Statements” and agree to all four (4) labor condition statements summarized below:
1. Wages: The employer shall pay nonimmigrant workers at least the prevailing wage or the employer’s actual wage,
whichever is higher, and pay for non-productive time. The employer shall offer nonimmigrant workers benefits and
eligibility for benefits provided as compensation for services on the same basis as the employer offers to U.S. workers.
The employer shall not make deductions to recoup a business expense(s) of the employer including attorney fees and
other costs connected to the performance of H-1B, H-1B1, or E-3 program functions which are required to be performed by the employer. This includes expenses related to the preparation and filing of this LCA and related visa petition information. 20 CFR 655.731;
2. Working Conditions: The employer shall provide working conditions for nonimmigrants which will not adversely affect the working conditions of workers similarly employed. The employer’s obligation regarding working conditions shall extend for the duration of the validity period of the certified LCA or the period during which the worker(s) working pursuant to this LCA is employed by the employer, whichever is longer. 20 CFR 655.732;
3. Strike, Lockout, or Work Stoppage: At the time of filing this LCA, the employer is not involved in a strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification in the area(s) of intended employment.
The employer will notify the Department of Labor within 3 days of the occurrence of a strike or lockout in the occupation,
and in that event the LCA will not be used to support a petition filing with the U.S. Citizenship and Immigration Services
(USCIS) until the DOL Employment and Training Administration (ETA) determines that the strike or lockout has ended.
20 CFR 655.733;
4. Notice: Notice of the LCA filing was provided no more than 30 days before the filing of this LCA or will be provided on the day this LCA is filed to the bargaining representative in the occupation and area of intended employment, or if there is no bargaining representative, to workers in the occupation at the place(s) of employment either by electronic or physical posting. This notice was or will be posted for a total period of 10 days, except that if employees are provided individual direct notice by e-mail, notification need only be given once. A copy of the notice documentation will be maintained in the employer’s public access file. A copy of this LCA will be provided to each nonimmigrant worker employed pursuant to the LCA. The employer shall, no later than the date the worker(s) report to work at the place(s) of employment, provide a signed copy of the certified LCA to the worker(s) working pursuant to this LCA. 20 CFR 655.734.

1 I have read and agree to Labor Condition
Statements 1, 2, 3, and 4 above and as fully                   YES
explained in Section G of the Form ETA-
9035CP - General Instructions for the 9035 &
9035E and the Department's regulations at 20
CFR 655 Subpart H.

H: H-1B Additional Employer Labor Condition Statements

1 At the time of filing this LCA, is the employer
H-1B dependent?      NO
2 At the time of filing this LCA, is the employer a
willful violator         NO

I/J: Employer Obligations

Notice of Obligations
A. Upon receipt of the certified LCA, the employer must take the following actions: Print and sign
a hard copy of the LCA if filing electronically(20 CFR 655.705(c)(3)); Maintain the original signed
and certified LCA in the employer's files (20 CFR 655.705(c)(2)); 20 CFR 655.730(c)(3) ; and 20
CFR 655.760) Make a copy of the LCA, as well as necessary supporting documentation
required by the Department of Labor regulations, available for public examination in a public
access file at the employer's principal place of business in the U.s> or at the place of
employment within one working day after the date on which the LCA is filed with the Department
of Labor (20 CFR 655.705(c)(2) and 20 CFR 655.760).
B. The employer must develop sufficient documentation to meet its burden of proof with respect
to the validity of the statements made in its LCA and the accuracy of information provided, in the
event that such statements or information is challenged (20 CFR 655.705(c)(5) and 20 CFR
655.700(d)(iv)).
C. The employer must make this LCA, supporting documentation, and other records available to
officials of the Department of Labor upon request during any investigation under the immigration
and Nationality Act (20 CFR 655.760 and 20 CFR Subpart I).

I declare under penalty of perjury that I have read and reviewed this application and that to the
best of my knowledge, the information contained therein is true and accurate. I understand that
to knowingly furnish materially false information in the preparation of this form and any
supplemental thereto or to aid, abet, or counsel another to do so is a federal offense punishable
fines, imprisonment, or both (18 U.S.C 2, 1001,1546,1621).

1 Public disclosure information in the United States will be kept at:
(You must select one or both of the options listed in this Section.)
Employer's principal place of business

1 Last (family) name of hiring or designated
official

MEHANDRU

2 First (given) name of hiring or designated
official

SUDHIR

3 Middle Initial K.

4 Hiring or designated official title VICE PRESIDENT SALES AND CLIENT SERVICES

K: LCA Preparer
1 Last (family) Name N/A

2 First (given) Name N/A

3 Middle Initial N/A

4 Firm/Business Name NOT APPLICABLE

5 Email Address N/A

APP A: Appendix A - Educational Attainment Documentation
Appendix A. Record(s)