Sample Memo Requesting ISSS Assistance in Filing an E-3 Petition

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<PLEASE PUT THIS ON LETTERHEAD. THIS MEMO MUST BE SIGNED BY THE DEPT. CHAIR . PLEASE ADJUST THE SALARY, JOB TITLE, DUTIES, ETC. AS APPROPRIATE.>

M E M O R A N D U M

TO: International Student and Scholar Services
FROM: John Doe, Chair, Department Chemistry and Biochemistry
SUBJECT: Joan Brown
DATE:  

We request your assistance in filing a Prevailing Wage Determination and a Labor Condition Application, and the subsequent E-3 petition for Dr. Joan Brown. The department understands that there are only 10,500 E-3 visas available annually and the University may not be able to obtain one of these visas for Dr. Brown, depending on availability at the time of filing.

Dr. Brown has been appointed as a Research Associate in the Department of Chemistry and Biochemistry at an annual salary of $35,000. We would like Dr. Brown to hold E-3 status for the period of February 1, 200_ to January 31, 200_ . ( dates must be into the future. Maximum amount of time that can be requested is 2years). This is a XX% appointment.

[for positions that are less than 100% time, please include the following statement. Indicate a range of hours, if it will fluctuate]:

Dr. Brown will work X hours a week at the hourly wage of $xx.xx/hour.

Dr. Brown will work in the Jet-Cooled Molecule Laboratory in the Department of Chemistry and Biochemistry at the University of Colorado at Boulder under the direction of  ( supervisor name ). (Please mention if the employee will be working off site in another location. ISSS will need to obtain prevailing wages for that location as well.)

Dr. Brown will be engaged in scientific research in the field of (physical sciences/life sciences/engineering/etc) in collaboration with ( Supervisor name) . Specifically, she will be responsible for establishing and exploiting a new high-resolution absorption experiment for jet-cooled molecules. The minimum qualifications for this position are a ___ degree in biochemistry or a related field. Dr. Brown has a ___ degree in biochemistry.

[Please list the actual minimum qualifications for the position, NOT the qualifications that your employee actually holds].

<The following language MUST be in your memo. Filing for an E-3 means the University must attest to certain working conditions, as stated below. If you do not include the language below, we will not be able to file the E-3 for your employee>:

I attest to the following terms and conditions necessitated by the E-3 visa regulations:

1. The salary paid to Dr. Brown for her services is equal to or greater than the salary being paid similarly-situated employees in the Department of Chemistry and Biochemistry.
2. The completed "Actual Wage Form" substantiates the salary actually being paid to Dr. Brown, as well as the salaries paid to similarly employed individuals in the Department of Chemistry and Biochemistry.
3. Dr. Brown's employment will not adversely affect the working conditions of workers similarly employed in the department.
4. The department agrees to post a notice of the filing of the Labor Condition Application (LCA) for ten days in a conspicuous place in the department. We understand that this notice of filing will be made available to the department in an appropriate form by ISSS. We agree to return the posting to ISSS once the ten days has elapsed. We understand that this is part of our obligation for appropriate record-keeping for E-3 workers.
5. The department also agrees to inform ISSS of any substantial changes to Dr. Brown's employment (in terms of changes in job duties or in FTE), as that will require an amended E-3 Labor Condition Application to be filed.

We look forward to hiring Dr. Brown as a Research Associate and appreciate your assistance in obtaining the approvals of the Prevailing Wage Determination, the Labor Condition Application, and the E-3 petition.