[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Notices]
[Pages 29894-29895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14071]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Labor Condition Applications and 
Requirements for Employers Using Nonimmigrants on H-1B Visas in 
Specialty Occupations and as Fashion Models

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95), 44 U.S.C. 3506(c)(2)(A). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment and Training Administration is soliciting 
comments concerning the proposed extension to the collection of 
information on the Labor Condition Application for H-1B nonimmigrants. 
A copy of the proposed information collection request (ICR) can be 
obtained by contacting the office listed below in the ADDRESSES section 
of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before August 2, 1999.

ADDRESSES: Comments and questions regarding the collection of 
information on Form ETA 9035, Labor Condition Application for H-1B 
Nonimmigrants, should be directed to James Norris, Chief, Division of 
Foreign Labor Certifications, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N-4456, Washington, DC 20210 ((202) 219-
5263 (this is not a toll-free number)).

SUPPLEMENTARY INFORMATION:

I. Background

    The Immigration and Naturalization Act (INA) requires that before 
any alien may be admitted or otherwise provided status as an H-1B 
nonimmigrant, the prospective employer must have filed with the 
Department a labor condition application stating that they will offer 
prevailing wages and working conditions, that there is not a strike or 
lockout in the course of a labor dispute in the occupational 
classification at the place of employment, and that they have provided 
notice of such filing to the bargaining representative or, if there is 
none, by posting notice of filing in conspicuous locations at the place 
of employment. Further, the employer must make certain documentation 
available for public examination. Complaints may be filed with the 
Department alleging a violation of the labor condition application 
process. If reasonable cause is found to believe a violation has been 
committed, the Department will conduct an investigation and, if 
appropriate, assess penalties. The INA places a limit on the number of 
aliens who can be admitted to the U.S. on H-1B visas (115,000 in FY 
'99, 107,500 in FY '00, and 65,000 in FY '01). The INA further limits 
these workers to a maximum of six years duration of stay under H-1B 
status.

[[Page 29895]]

    The INA requires that the Department make available for public 
examination in Washington, DC, a list of employers which have filed 
labor condition applications.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed information collection is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information including the validity 
of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collections 
techniques or other forms of information, e.g., permitting electronic 
submissions of responses.

III. Current Actions

    On January 5, 1999, the Department published a Notice of Proposed 
Rulemaking (NPRM) and a request for comments in the Federal Register 
(64 FR 628). The purpose of the NPRM was to implement statutory changes 
in the H-1B visa program made to the INA by the American 
Competitiveness and Workforce Improvement Act of 1998. The Department 
is currently in the process of reviewing comments received in response 
to the NPRM and preparing a final rule to implement the statutory 
changes, including changes to the Form ETA 9035. The Department will be 
requesting OMB approval of the changes to the information collection 
request at the time that rule is published. However, since the current 
OMB approval for the Form ETA 9035 expires June 30, 1999, there is a 
need for an extension of the existing collection of information 
pertaining to employers' seeking to use H-1B nonimmigrants in specialty 
occupations or as fashion models of distinguished merit and ability. 
This action is necessary in order for the Department to meet its 
statutory responsibilities under the INA.
    Type of Review: Extension of a currently approved collection 
without change.
    Agency: Employment and Training Administration, Labor.
    Title: Labor Condition Applications and Requirements for Employers 
Using Nonimmigrants on H-1B Visas in Specialty Occupations and as 
Fashion Models.
    OMB Number: 1205-0310.
    Affected Public: Businesses or other for-profit; not-for-profit 
institutions; Federal government; State, Local or Tribal government.
    Form: Form ETA 9035.
    Total Respondents: 250,000.
    Frequency of Response: On occasion.
    Total Responses: 250,050.
    Average Burden Hours Per Response: 1.25.
    Estimated Total Annual Burden Hours: 250,050.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Signed at Washington, DC, this 27 day of May, 1999.
John R. Beverly III,
Director, Employment Service.
[FR Doc. 99-14071 Filed 6-2-99; 8:45 am]
BILLING CODE 4510-30-M