[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78910-78911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30614]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Form ETA-9035, 
Labor Condition Application for Nonimmigrant Workers (OMB Control 
Number 1205-0310), Revision of a Currently Approved Collection

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), as part of its continuing 
effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the 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 (44 U.S.C. 3506(c)(2)(A)). This program helps 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, 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 Workers (electronic version); 
Form ETA-9035CP--General Instructions for the 9035 & 9035E; Wage and 
Hour Division (WHD) Form WH-4--Nonimmigrant Worker Information Form; 
and other H-1B related information collection and retention 
requirements, which expire March 31, 2015. A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the addressee section of this notice.
    The forms are used by employers in DOL's H-1B, H-1B1, and E-3 
nonimmigrant temporary employment-based programs to request permission 
to bring foreign workers to the United States as nonimmigrants and for 
workers and interested persons to file complaints with DOL's Wage and 
Hour Division.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before March 2, 2015.

ADDRESSES: Submit written comments to Brian Pasternak, National 
Director of Temporary Programs, Office of Foreign Labor Certification, 
Room C-4312, Employment & Training Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone 
number: 202-693-3010 (this is not a toll-free number). Individuals with 
hearing or speech impairments may access the telephone number above via 
TTY by calling the toll-free Federal Information Relay Service at 1-
877-889-5627 (TTY/TDD). Fax: 202-693-2768. Email: 
[email protected] subject line: ETA-9035. A copy of the proposed 
information collection request (ICR) can be obtained by contacting the 
office listed above.

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 makes 
certain attestations to the Secretary of Labor (Secretary). Those 
attestations include 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 the higher of 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; 
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. This Information Collection Request (ICR) has been 
classified as a revision only because of a modification to Form WH-4 to 
remove a reference to the now defunct Employment Standards 
Administration (ESA). In addition, the forms have been made accessible 
for persons with disabilities, in a way that should be transparent to 
users. Data collected on forms approved under this ICR remains the 
same.

II. Review Focus

    DOL 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, 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 labor condition applications that are used in the H-1B, 
H-1B1, and E-3 visa programs and allow employers to bring foreign labor 
to the U.S. on a temporary basis.
    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 that 
does not

[[Page 78911]]

display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL 
obtains OMB approval for this information collection under Control 
Number 1205-0310. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal, and the current approval for this 
collection is scheduled to expire on March 31, 2015. The DOL seeks to 
extend PRA authorization for this revised information collection for 
three (3) more years.
    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.

A. General

    Title: Labor Condition Application for H-1B, H-1B1, and E-3 Non-
immigrants.
    Type of Review: Revision.
    OMB Number: 1205-0310.

B. ETA Forms and Information Collections

    Title(s): Labor Condition Application for Nonimmigrant Workers, and 
General Instructions for the 9035 & 9035E.
    Affected Public: Private Sector (businesses or other for-profits 
and not-for-profit institutions) and State, Local, and Tribal 
Governments.
    Form(s): ETA forms ETA-9035, ETA-9035E, and ETA-9035CP.
    Total Annual Respondents: 57,589.
    Annual Frequency: On occasion.
    Total Annual Responses: 1,299,416.
    Average Time per Response: 26 minutes.
    Estimated Total Annual Burden Hours: 567,485.
    Total Annual Burden Cost for Respondents: $0.

C. WHD Form

    Title(s): Nonimmigrant Worker Information Form.
    Affected Public: Individuals or Housholds.
    Form(s): WH-4.
    Total Annual Respondents: 425.
    Annual Frequency: Once.
    Total Annual Responses: 425.
    Average Time per Response: 20 minutes.
    Estimated Total Annual Burden Hours: 142.
    Total Annual Burden Cost for Respondents: $0.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for OMB approval of the ICR; 
they will also become a matter of public record. Commenters are 
encouraged not to disclose private and/or sensitive information (e.g., 
Social Security Numbers or confidential business information).

Portia Wu,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2014-30614 Filed 12-30-14; 8:45 am]
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