[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Pages 48689-48690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16800]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities: Revision and Extension 
of a Currently Approved Information Collection; Comment Request

ACTION: 60-day notice of information collection under review: 
Application for Permanent Employment Certification; Form ETA-9089, OMB 
Control No. 1205-0451.

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

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, is conducting a pre-clearance 
consultation 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 consultation is undertaken 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 Form ETA 9089 Application for Permanent 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 or at this Web site: http://www.doleta.gov/OMBCN/OMBControlNumber.cfm.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before October 23, 2007.

ADDRESSES: William L. Carlson, Administrator, Office of Foreign Labor 
Certification, U.S. Department of Labor, Room C4312, 200 Constitution 
Ave., NW., Washington, DC 20210. Phone (202) 693-3010 (This is not a 
toll-free number.), fax (202) 693-2768, or e-mail at 
[email protected] subject line: Form ETA 9089.

SUPPLEMENTARY INFORMATION: 

I. Background

    The information collection is required by sections 203(b)(3) and 
212(a)(5)(A) of the Immigration and Nationality Act (INA) (8 U.S.C. 
1153(b)(3) and 1182(a)(5)(A)). The Department of Labor (Department) and 
the Department of Homeland Security (DHS) have promulgated regulations 
to implement the INA. Specifically for this collection, Title 20 CFR 
656 and Title 8 CFR 204.5 are applicable. The INA mandates the 
Secretary of Labor to certify that any alien seeking to enter the 
United States for the purpose of performing skilled or unskilled labor 
is not adversely affecting wages and working conditions of U.S. workers 
similarly employed and that there are not sufficient U.S. workers able, 
willing, and qualified to perform such skilled or unskilled labor. 
Before any employer may request any skilled or unskilled alien labor, 
it must submit a request for certification to the Secretary of Labor 
containing the elements prescribed by the INA and the CFR. The CFR 
requires employers to document their recruitment efforts and 
substantiate the reasons no U.S. workers were hired.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information 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 collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    In order to meet its statutory responsibilities under the INA, the 
Department needs to extend an existing collection of information 
pertaining to employers seeking to apply for permanent employment 
certification to allow them to bring foreign labor to the United States 
on a permanent basis. Extensive program experience, in particular since 
its reengineering in 2005, has demonstrated the need for further 
clarification on this information collection and has shown that changes 
to the collection are also necessary.
    In the past the respondents have been for-profit businesses, not-
for-profit institutions, individuals, households, and farms. On rare 
occasions the respondents have been local, state, tribal governments, 
or the federal government.
    The Secretary of Labor uses the collected information to determine 
if allowing an alien to enter the United States for the purpose of 
performing skilled or unskilled labor will adversely affect wages and 
working conditions of U.S. workers similarly employed and whether or 
not there were sufficient U.S. workers able, willing, and qualified to 
perform such skilled or unskilled labor at the time of the application.
    Changes are being proposed to ETA Form 9089 for two reasons. The 
first is to provide more clarity to the user of the form, thereby 
obtaining more accurate information for the Department to assist in 
more efficient and effective adjudication of the requested benefit. The 
second is to implement amendments required by the Final Rule published 
in the Federal Register May 17, 2007: Labor Certification for the 
Permanent Employment of Aliens in the United States; Reducing the 
Incentives and Opportunities for Fraud and Abuse and Enhancing Program 
Integrity.
    Type of Review: Revision and Extension of Currently Approved 
Information Collection.
    Agency: Employment and Training Administration.
    Title: Application for Permanent Employment Certification.
    OMB Control No.: 1205-0451.
    Agency Number(s): Form ETA 9089.
    Recordkeeping: On occasion.
    Affected Public: Businesses or other for-profits and not-for-
profits, individuals or households, farms, and Federal, State, Local or 
Tribal Governments.
    Total Respondents: 120,000.
    Estimated Total Burden Hours: 342,686.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): $2,500,000.

[[Page 48690]]

    Comments submitted in response to this comment request 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.

    Dated: August 14, 2007.
William L. Carlson,
Administrator, Office of Foreign Labor Certification.
 [FR Doc. E7-16800 Filed 8-23-07; 8:45 am]
BILLING CODE 4510-FP-P