[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Notices]
[Pages 3286-3287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1227]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Labor Condition Application for H-1B, H-1B1, 
and E-3 Non-Immigrants

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is submitting the Employment and 
Training Administration (ETA) sponsored information collection request 
(ICR) revision titled, ``Labor Condition Application for H-1B, H-1B1, 
and E-3 Non-immigrants,'' (Form ETA-9035 and ETA-9035E) to the Office 
of Management and Budget (OMB) for review and approval for continued 
use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3501 et seq.).

DATES: Submit comments on or before February 22, 2012.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained from the 
RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain, on the 
day following publication of this notice or by contacting Michel Smyth 
by telephone at (202) 693-4129 (this is not a toll-free number) or 
sending an email to [email protected].
    Submit comments about this request to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, 
Employment and Training Administration (ETA), Office of Management and 
Budget, Room 10235, Washington, DC 20503, Telephone: (202) 395-6929/
Fax: (202) 395-6881 (these are not toll-free numbers), email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
(202) 693-4129 (this is not a toll-free number) or by email at [email protected].

SUPPLEMENTARY INFORMATION: This information collection is required by 
Immigration and Nationality Act (INA) sections 212(n) and (t) and 
214(c). See 8 U.S.C. 1182(n) and (t) and 1184(c). The DOL and 
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 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 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.
    The information collection instruments are used by employers 
seeking to use non-immigrants (H-1B, H-1B1, E-3) in specialty 
occupations and as fashion models or by interested parties who want to 
report violations. The information permits the DOL to meet its 
statutory responsibilities for program administration, management, and 
oversight.
    The DOL has identified this ICR as a revision because of two minor 
changes. Specifically, this submission includes an acknowledgement 
sheet for Form ETA 9035 and ETA-9035E and removes appendix materials 
that are now obsolete. These changes have not altered the burden 
estimates.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information if the 
collection of information does not display a valid OMB Control Number. 
See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this 
information collection under OMB Control Number 1205-0310. The current 
OMB approval is scheduled to expire on January 31, 2012; however, it 
should be noted that information collections submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional information, see the related notice published in the Federal 
Register on October 17, 2011 (76 FR 64109).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within 30 days of publication of this notice in 
the Federal Register. In order to help ensure appropriate 
consideration, comments should reference OMB Control Number 1205-0310. 
The OMB is particularly interested in comments that:
     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,

[[Page 3287]]

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 submission of responses.
    Agency: Employment and Training Administration (ETA).
    Title of Collection: Labor Condition Application for H-1B, H-1B1, 
and E-3 Non-immigrants.
    OMB Control Number: 1205-0310.
    Form Numbers: ETA-9035 and ETA-9035E.
    Affected Public: Individuals or Households; Private Sector--
Business or other for-profits and not-for-profit entities; and State, 
Local, and Tribal Governments.
    Total Estimated Number of Respondents: 77,425.
    Total Estimated Number of Responses: 340,425.
    Total Estimated Annual Burden Hours: 310,005.
    Total Estimated Annual Other Costs Burden: $0.

    Dated: January 18, 2011.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012-1227 Filed 1-20-12; 8:45 am]
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