[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64109-64110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26745]


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

DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Extension of a Currently Approved Information 
Collection: Labor Condition Application and Instructions for H-1B, H-
1B1, and E-3 Nonimmigrants; Forms ETA 9035, ETA 9035E and ETA 9035CP 
and WHD Nonimmigrant Worker Information Form WH-4, OMB Control No. 
1205-0310

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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

SUMMARY: The Department of Labor (Department), 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 the continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA), 44 U.S.C. 3506(c)(2)(A). The Department undertakes 
this consultation 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. Through this notice, the Employment and Training 
Administration (ETA) is soliciting comments concerning the extension of 
the approval for the information collection, Office of Management and 
Budget (OMB) Control Number 1205-0310, containing Form ETA 9035--Labor 
Condition Application for Nonimmigrant Workers; Form ETA 9035E--Labor 
Condition Application for Nonimmigrants (electronic version); Form ETA 
9035CP--General Instructions for the 9035 & 9035E; Form ETA 9035CP 
Appendix I--Mapping of 3-Digit DOT Codes to SOC/O*NET Job Titles; Form 
ETA 9035CP Appendix II--Sample of Acceptable Wage Survey Sources; and 
Wage and Hour Division (WHD) Form WH-4--Nonimmigrant Worker Information 
Form, which expire on January 31, 2012. A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the addressee section of this notice.

DATES: Please submit written comments to the office listed in the 
addressee section below on or before December 16, 2011.

ADDRESSES:  William L. Carlson, PhD, Administrator, Office of Foreign 
Labor Certification, U.S. Department of Labor, Room C-4312, 200 
Constitution Ave., NW., Washington, DC 20210; by phone at (202) 693-
3010 (this is not a toll-free number); by fax at (202) 693-2768; or by 
e-mail at [email protected] subject line: Form ETA 9035.

SUPPLEMENTARY INFORMATION: 

I. Background

    The information collection is required by sections 212(n) and (t) 
and 214(c) of the Immigration and Nationality Act (INA) (8 U.S.C. 
1182(n) and (t) and 1184(c)). The Department and the Department of 
Homeland Security have promulgated regulations to implement the INA. 
Specifically for this collection, 20 CFR 655 Subparts H and I and 8 CFR 
214.2(h)(4) are applicable. The INA mandates that no alien may enter 
the United States (U.S.) for the purpose of performing professional 
work on a temporary basis unless the U.S. employer has attested to the 
Secretary of Labor (Secretary) that the working conditions for the 
alien will not adversely affect the working conditions of similarly 
employed U.S. workers; that the salary will be at least the prevailing 
wage for the occupational classification in the area of employment or 
the actual wage paid by the employer to all other individuals with 
similar experience and qualifications for the specific employment in 
question- whichever is higher; that there is no strike or lockout in 
the course of a labor dispute in the occupational classification at the 
place of employment; and that the employer has met all other 
requirements of the program as specified in the regulations.

II. Review Process

    The Department 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 Department'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

[[Page 64110]]

     Minimize the burden of the collection of information, 
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 U.S. on a 
temporary basis.
    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 uses the collected information to determine if 
employers are meeting their statutory and regulatory obligations. The 
information collected remains the same.
    Type of Review: Extension of a currently approved collection.
    Agency: Employment and Training Administration.
    Title(s): Labor Condition Application for H-1B, H-1B1, and E-3 
Nonimmigrants and Nonimmigrant Worker Information Form.
    OMB Number: 1205-0310.
    Agency Form(s): Forms ETA 9035, ETA 9035E, ETA 9035CP and WHD Form 
WH-4
    Recordkeeping: On occasion.
    Affected Public: Businesses or other for-profits, not-for-profits, 
States, local governments, and tribal governments.
    Total Respondents: 77,425.
    Estimated Total Burden Hours: 325,006.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintaining): $0.
    The Department will summarize and/or include comments submitted in 
response to this comment request in its request for OMB approval of the 
information collection. The comments will also become a matter of 
public record.

    Signed in Washington, DC, this 28th of September 2011.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2011-26745 Filed 10-14-11; 8:45 am]
BILLING CODE 4510-FP-P