[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Notices]
[Pages 39974-39975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14781]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Application for Alien Employment 
Certification

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 (ETA) is 
soliciting comments concerning the proposed extension to the collection 
of information on the Application for Alien Employment Certification. A 
copy of the proposed Information Collection Request (ICR) can be 
obtained by contacting the office listed below in the addressee section 
of this Notice.

DATES: Submit comments on or before August 30, 2004.

ADDRESSES: Comments and questions regarding the collection of 
information on Form ETA 750, Parts A and B, Application for Alien 
Employment Certification, should be directed to William L. Carlson, 
Chief, Division of Foreign Labor Certification, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. 
Mr. Carlson may be reached at (202) 693-3010; this is not a toll-free 
number.

FOR FURTHER INFORMATION CONTACT: Melanie Shay, Team Leader, Permanent 
Labor Certification Program, Division of Foreign Labor Certification, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, 
Washington, DC 20210. Ms. Shay may also be reached at (202) 693-3010.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under Section 212(a)(5)(A) of the Immigration and Nationality Act 
(INA)(8 U.S.C. 1182(a)(5)(A)), certain aliens may not obtain a visa for 
entrance into the United States in order to engage in permanent 
employment unless the Secretary of Labor has first certified to the 
Secretary of State and to the Attorney General that: (1) There are not 
sufficient U.S. workers who are able, willing, qualified and available 
at the time of application for a visa and admission into the United 
States and at the place where the alien is to perform the work; and (2) 
The employment of the alien will not adversely affect the wages and 
working conditions of U.S. workers similarly employed. Form ETA 750, 
Parts A and B, is the application form submitted by employers that 
forms the basis for a determination as to whether the Secretary shall 
provide such a certification. Form ETA 750, Part A, is also utilized to 
collect information that permits the Department to meet Federal 
responsibilities for administering two nonimmigrant programs: the H-2A 
and H-2B temporary labor certification programs. The H-2A temporary 
agricultural program establishes a means for agricultural employers who 
anticipate a shortage of domestic workers to bring nonimmigrant aliens 
to the U.S. to perform agricultural labor or services of a temporary or 
seasonal nature. The H-2B program establishes a means for employers to 
bring nonimmigrant aliens to the U.S. to perform nonagricultural work 
of a temporary or seasonal nature.

II. Desired Focus of Comments

    Currently, the Department is soliciting comments concerning the 
proposed extension to the collection of information on the Application 
for Alien Employment Certification.
    The Department 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.

[[Page 39975]]

    A copy of the proposed ICR can be obtained by contacting the office 
listed above in the addressee section of this notice.

III. Current Actions

    In order for the Department to meet its statutory responsibilities 
under the INA, there is a need for an extension of an existing 
collection of information pertaining to employers seeking to hire 
foreign workers for permanent or temporary employment in the U.S. by 
filing an Application for Alien Employment Certification on their 
behalf. There is an increase in burden due to a significant and 
sustained increase in the number of applications filed by employers 
each year.
    Type of Review: Extension.
    Agency: Employment and Training Administration, Labor.
    Title: Application for Alien Employment Certification.
    OMB Number: 1205-0015.
    Affected Public: Individuals or households; Businesses or other 
for-profit or not-for-profit institutions; Federal, State, Local, or 
Tribal governments; Farms.
    Form: ETA 750, Parts A and B.
    Total Respondents:
    Permanent Program: 100,000.
    H-2A Program: 4,000.
    H-2B Program: 8,000.
    Frequency of Response: On occasion.
    Total Responses: 112,000.
    Average Burden Hours Per Response: Permanent Program: 2.8.
    H-2A Program: 1.
    H-2B Program: 1.4.
    Estimate Total Annual Burden Hours: 295,200.
    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 ICR; they will also become a matter of public record.

    Signed at Washington, DC, this 21st day of June, 2004.
John R. Beverly, III,
Administrator, Office of National Programs.
[FR Doc. 04-14781 Filed 6-30-04; 8:45 am]
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