[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Pages 36357-36358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14464]



Employment and Training Administration

Agency Information Collection Activities: Extension of a 
Currently Approved Information Collection With Non-Substantive Changes; 
Comment Request

ACTION: 60-day notice of information collection under review: Labor 
Condition Application For H-1b, H-1b1, and E-3 Nonimmigrants; Forms 
ETA-9035, ETA-9035CP, ETA-9035E, and WH-4, OMB Control No. 1205-0310.


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 Forms ETA-9035, ETA-9035CP, ETA-9035E, and WH-4; 
Labor Condition Application For H-1b, H-1b1, and E-3 Nonimmigrants. 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 August 25, 2008.

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: LCA.


I. Background

    The information collection is required by sections 212(n) and (t) 
and 214(c) of the Immigration and Nationality Act

[[Page 36358]]

(INA) (8 U.S.C. 1182(n) and (t) and 1184(c)). 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 655 Subparts H and I and Title 8 CFR 
214.2(h)(4) are applicable. The INA mandates that no alien may enter 
the United States for the purpose of performing professional work on a 
temporary basis unless the U.S. employer has attested to the Secretary 
of Labor that the working conditions for the alien will be identical to 
those of other U.S. workers, that the salary will equal either the 
prevailing wage in the area of employment or match that being paid 
others in the employer's business--whichever is higher; that there is 
no strike or lockout at the employer's facility; and that the employer 
has met all other requirements of the program as specified in the 

II. Review Focus

    The Department of Labor is particularly interested in comments 
     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 labor condition 
applications to allow them to bring foreign labor to the United States 
on a temporary basis. Extensive program experience has demonstrated the 
need for further clarification on this information collection.
    In the past the respondents have been for-profit businesses and 
not-for-profit institutions. 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 employers are meeting their statutory and regulatory obligations.
    The modifications being proposed to ETA Form 9035, 9035CP, and 
9035E are primarily due to the elimination of the ``Fax Back'' system 
and converting exclusively to the electronic submission system except 
in rare cases of physical disability that prevents use of a computer. 
All three forms needed to be updated to eliminate all reference to the 
``Fax Back'' system and 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 information collected remains the same.
    Type of Review: Extension of Currently Approved Information 
    Agency: Employment and Training Administration.
    Title: Labor Condition Application For H-1b, H-1b1, and E-3 
    OMB Control No.: 1205-0310.
    Agency Number(s): Forms ETA-9035, ETA-9035CP, ETA-9035E, and WH-4.
    Recordkeeping: On occasion.
    Affected Public: Businesses or other for-profits and not-for 
profits, and Federal, State, Local or Tribal Governments.
    Total Respondents: 420,000.
    Estimated Total Burden Hours: 366,479.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): 0.
    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: June 19, 2008.
William L. Carlson,
Administrator, Office of Foreign Labor Certification.
[FR Doc. E8-14464 Filed 6-25-08; 8:45 am]