[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Rules and Regulations]
[Pages 4028-4033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1394]




[[Page 4027]]

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Part VII





Department of Labor





_______________________________________________________________________



Employment and Training Administration



Wage and Hour Division



_______________________________________________________________________



20 CFR Part 655



29 CFR Part 507



Labor Condition Applications and Requirements for Employers Using 
Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion 
Models; Final Rule

  Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / 
Rules and Regulations  

[[Page 4028]]


DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AA89
Wage and Hour Division

29 CFR Part 507

RIN 1215-AA69


Labor Condition Applications and Requirements for Employers Using 
Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion 
Models

AGENCIES: Employment and Training Administration and Wage and Hour 
Division, Employment Standards Administration, Labor.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration (ETA) and the 
Employment Standards Administration of the Department of Labor 
published final regulations governing the filing and enforcement of 
labor condition applications filed by employers seeking to employ 
foreign workers in specialty occupations and as fashion models of 
distinguished merit and ability under the H-1B nonimmigrant 
classification. At that time, ETA submitted the information collection 
requirements to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1980. This document amends the December 20, 
1994, Federal Register document to display the OMB control numbers and 
announces the effective date for the sections containing information 
collection requirements for which OMB approval has been received.

DATES: The revision of 20 CFR part 655 and 29 CFR part 507 published 
December 20, 1994 (59 FR 65646) and these amendments are effective 
January 19, 1995. Form ETA 9035, published as an appendix to this 
document, may be used on or after January 19, 1995. The prior version 
of Form ETA 9035, published at 57 FR 1316, 1339-1342 (January 13, 1992) 
will be accepted for filing through January 18, 1995.

FOR FURTHER INFORMATION CONTACT:
On 20 CFR part 655, subpart H, and 29 CFR part 507, subpart H, contact 
Mr. Patrick Stange, Nonagricultural Unit, Division of Foreign Labor 
Certifications, U.S. Employment Service, Employment and Training 
Administration, Department of Labor, Room N-4456, 200 Constitution 
Avenue, NW., Washington, DC 20210. Telephone: (202) 219-5263 (this is 
not a toll-free number).
    On 20 CFR part 655, subpart I, and 29 CFR part 507, subpart I, 
contact Mr. Thomas Shierling, Wage and Hour Division, Employment 
Standards Administration, Department of Labor, Room S-3502, 200 
Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 219-
7605 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act's (PRA's) 
provisions on information collection are triggered when an employer 
files a labor condition application on Form ETA 9035 with the 
Department of Labor (Department), as a condition for being able to 
employ a professional in a specialty occupation or a fashion model of 
distinguished merit and ability under the H-1B nonimmigrant 
classification. The labor condition application is a prerequisite to 
filing a petition with the Immigration and Naturalization Service of 
the Department of Justice (INS) for approval under such nonimmigrant 
classification. Employers are required to file labor condition 
applications with the Department attesting to certain conditions 
related to the employment of H-1B nonimmigrants.
    The labor condition applications, required under sections 
101(a)(15)(H)(i)(b) and 212(n) of the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.), pertain to the absence of adverse effect on 
wages and working conditions, absence of a strike or lockout in the 
occupation in which H-1B nonimmigrants are to be employed at the place 
of employment, and provision of notice of filing to the employer's 
employees and to H-1B nonimmigrants employed by the employer. 
Attestations are made on Form ETA 9035, a copy of which is published as 
an appendix to this document, but which will not be codified in the 
Code of Federal Regulations.
    The attestation process is administered by the Employment and 
Training Administration (ETA) of the Department, while complaints and 
investigations regarding the labor condition applications filed by 
employers are handled by the Wage and Hour Division of the Department's 
Employment Standards Administration (ESA).
    Public reporting burden for this collection of information is 
estimated to average 1\1/4\ hours including the time for reviewing 
instructions, searching existing information/data sources, gathering 
and maintaining the information/data needed, and preparing the 
application.
    The Office of Management and Budget (OMB) reviewed the collection 
of information requirements for employers filing labor condition 
applications as a condition to petition INS for H-1B nonimmigrant 
classification in accordance with the PRA, 44 U.S.C. 3501 et seq., and 
5 CFR part 1320. OMB approved all information requirements contained in 
20 CFR part 655, subpart H, and 29 CFR part 507, subpart H, under OMB 
clearance number 1205-0310.
    On January 10, 1995, OMB approved the information collection 
provisions until November 30, 1997.

Authority

    8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n) and 1184, and 29 U.S.C. 49 
et seq., and Pub. L. 102-232, 105 stat. 1733, 1748 (8 U.S.C. 1182 
note).

    Signed at Washington, DC, this 13th day of January, 1995.
Doug Ross,
Assistant Secretary for Employment and Training.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.

    Title 20, part 655, subpart H, and title 29, part 507, subpart H, 
of the Code of Federal Regulations are hereby amended as follows:

PART 655--[AMENDED]

    1. The authority citation for 20 CFR part 655 continues to read as 
follows:

    Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H) 
(i) and (ii), 1182 (m) and (n), 1184, 1188, and 1288(c) 29 U.S.C. 49 
et seq.; sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8 
U.S.C. 1182 note); sec 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 
(8 U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i).
    Section 655.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii) 1184, 
and 1188; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
    Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 
1184; 29 U.S.C. 49 et seq., and 8 CFR 214.2(H)(4)(i).
    Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184, and 
1188; and 29 U.S.C. 49 et seq.
    Subparts D and E issued under 8 U.S.C. 1101(a)(15)(H)(i)(a), 
1182(m), and 1184; 29 U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L. 
101-238, 103 Stat. 1733, 1748 (8 U.S.C. 1182 note).
    Subparts F and G issued under 8 U.S.C. 1184 and 1288(c); and 29 
U.S.C. 49 et seq.
    Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b), 
1182(n), and 1184; 29 U.S.C. 49 et seq.; and sec. 303(a)(8), Pub. L. 
102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1182 note).
    Subparts J and K issued under 29 U.S.C. 49 et seq.; and sec. 
221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).


[[Page 4029]]

    2. In 20 CFR 655.730, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 655.730  Labor condition application.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0310.)

    3. In 20 CFR 655.760, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 655.760  Public access; retention of records.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0310).

PART 507--[AMENDED]

    4. The Authority citation for title 29 CFR part 507, subparts H and 
I, continues to read as follows:

    Authority: 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184, and 
29 U.S.C. 49 et seq., and Pub. L. 102-232, 105 stat. 1733, 1748 (8 
U.S.C. 1182 note).

    5. In 29 CFR 507.730, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 507.730  Labor condition application.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0310.)

    6. In 29 CFR 507.760, by adding a parenthetical, as follows, at the 
end of the regulatory text:


Sec. 507.760  Public access; retention of records.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1205-0310.)

    Note: The following appendices will not appear in the Code of 
Federal Regulations.

Appendix 1 (Not To Be Codified in the CFR): Form ETA 9035

    Printed below is a copy of Form ETA 9035.
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Appendix 2 (Not To Be Codified in the CFR): DOT Three-Digit 
Occupational Groups Codes for Professional, Technical and Managerial 
Occupations and Fashion Models

    Printed below is a copy of DOT Three-Digit Occupational Groups 
Codes for Professional, Technical and Managerial Occupations and 
Fashion Models.

Three-Digit Occupational Groups

Professional, Technical, and Managerial Occupations and Fashion Models

Occupations in Architecture, Engineering, and Surveying
001  Architectural Occupations
002  Aeronautical engineering Occupations
003  Electrical/Electronics Engineering Occupations
005  Civil Engineering Occupations
006  Ceramic Engineering Occupations
007  Mechanical Engineering Occupations
008  Chemical Engineering Occupations
010  Mining and Petroleum Engineering Occupations
011  Metallurgy and Metallurgical Engineering Occupations
012  Industrial Engineering Occupations
013  Agricultural Engineering Occupations
014  Marine Engineering Occupations
015  Nuclear Engineering Occupations
017  Drafters
018  Surveying/Cartographic Occupations
019  Other Occupations in Architecture, Engineering, and Surveying
Occupations in Mathematics and Physical Sciences
020  Occupations in Mathematics
021  Occupations in Astronomy
022  Occupations in Chemistry
023  Occupations in Physics
024  Occupations in Geology
025  Occupations in Meteorology
029  Other Occupations in Mathematics and Physical Sciences
Computer-Related Occupations
030  Occupations in Systems Analysis and Programming
031  Occupations in Data Communications and Networks
032  Occupations in Computer System User Support
033  Occupations in Computer System Technical Support
039  Other Computer-Related Occupations
Occupations in Life Sciences
040  Occupations in Agricultural Sciences
041  Occupations in Biological Sciences
045  Occupations in Psychology
049  Other Occupations in Life Sciences
Occupations in Social Sciences
050  Occupations in Economics
051  Occupations in Political Science
052  Occupations in History
054  Occupations in Sociology
055  Occupations in Anthropology
059  Other Occupations in Social Sciences
Occupations in Medicine and Health
070  Physicians and Surgeons
071  Osteopaths
072  Dentists
073  Veterinarians
074  Pharmacists
076  Therapists
077  Dieticians
078  Occupations in Medical and Dental Technology
079  Other Occupations in Medicine and Health
Occupations in Education
090  Occupations in College and University Education
091  Occupations in Secondary School Education
092  Occupations in Preschool, Primary School, and Kindergarten 
Education
094  Occupations in Education of Persons With Disabilities
096  Home Economists and Farm Advisers
097  Occupations in Vocational Education
099  Other Occupations in Education
Occupations in Museum, Library, and Archival Sciences
100  Librarians
101  Archivists
102  Museum Curators and Related Occupations
109  Other Occupations in Museum, Library, and Archival Sciences
Occupations in Law and Jurisprudence
110  Lawyers
111  Judges
119  Other Occupations in Law and Jurisprudence
Occupations in Religion and Theology
120  Clergy
129  Other Occupations in Religion and Theology
Occupations in Writing
131  Writers
132  Editors: Publication, Broadcast, and Script
139  Other Occupations in Writing
Occupations in Art
141  Commercial Artists: Designers and Illustrators, Graphic Arts
142  Environmental, Product, and Related Designers
149  Other Occupations in Art
Occupations in Entertainment and Recreation
152  Occupations in Music
159  Other Occupations in Entertainment and Recreation
Occupations in Administrative Specializations
160  Accountants, Auditors, and Related Occupations
161  Budget and Management Systems Analysis Occupations
162  Purchasing Management Occupations
163  Sales and Distribution Management Occupations
164  Advertising Management Occupations
165  Public Relations Management Occupations
166  Personnel Administration Occupations
168  Inspectors and Investigators, Managerial and Public Service
169  Other Occupations in Administrative Occupations
Managers and Officials
180  Agriculture, Forestry and Fishing Industry Managers and Officials
181  Mining Industry Managers and Officials
182  Construction Industry Managers and Officials
183  Manufacturing Industry Managers and Officials
184  Transportation, Communication, and Utilities Industry Managers and 
Officials
185  Wholesale and Retail Trade Managers and Officials
186  Finance, Insurance, and Real Estate Managers and Officials
187  Service Industry Managers and Officials
188  Public Administration Managers and Officials
189  Miscellaneous Managers and Officials
Miscellaneous Professional, Technical, and Managerial Occupations
195  Occupations in Social and Welfare Work
199  Miscellaneous Professional, Technical, and Managerial Occupations
Sales Promotion Occupations
297  Fashion Models

[FR Doc. 95-1394 Filed 1-18-95; 8:45 am]
BILLING CODE 4510-30-M