[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42124-42125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17431]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Form ETA-9165, 
Employer-Provided Survey Attestations To Accompany H-2B Prevailing Wage 
Determination Request Based on a Non-OES Survey (OMB Control Number 
1205-0516), Extension.

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

ACTION: Notice.

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SUMMARY: The Department of Labor (Department or 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, the Employment and Training Administration (ETA) is 
soliciting comments concerning the collection of data on the Form ETA-
9165, Employer-Provided Survey Attestations to Accompany H-2B 
Prevailing Wage Determination Request Based on a Non-OES Survey (OMB 
Control Number 1205-0516), which expires on October 31, 2015. A copy of 
the proposed information collection request can be obtained free of 
charge by contacting the office listed below in the addressee section 
of this notice.
    The form is used by employers in DOL's H-2B temporary non-
agricultural employment-based program to collect information that 
demonstrates compliance with the new standards applicable to employer-
provided surveys in the H-2B program and to assist the Department in 
reviewing those surveys.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before September 14, 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-9165. A copy of the proposed 
information collection request (ICR) can be obtained free of charge by 
contacting the office listed above.

SUPPLEMENTARY INFORMATION: 

I. Background

    The information collection (IC) is required by sections 
101(a)(15)(H)(ii)(b) and 214(c) of the Immigration and Nationality Act 
(INA) (8 U.S.C. 1011(a)(15)(H)(ii)(b) and 1184(c)), and implementing 
regulations at 20 CFR 655.10 and 8 CFR 214.2(h). Before an employer may 
petition for any temporary unskilled foreign workers, it must submit a 
request for certification to the Secretary of Labor containing the 
elements prescribed by the INA and the Department's implementing 
regulations, which differ depending on the visa program under which the 
foreign workers are sought. The H-2B program enables employers to bring 
nonimmigrant foreign workers to the

[[Page 42125]]

U.S. to perform nonagricultural work of a temporary or seasonal nature 
as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). For purposes of the H-2B 
program, the INA and governing federal regulations require the 
Secretary of Labor to certify, among other things, that any foreign 
worker seeking to enter the United States (U.S.) temporarily for the 
purpose of performing certain unskilled labor will not, by doing so, 
adversely affect wages and working conditions of U.S. workers similarly 
employed. The Secretary must also certify that there are not sufficient 
U.S. workers available to perform such labor. (8 CFR 214.2(h)(6)(i)(A), 
(iii)(A).)
    Prior to submitting labor certification applications to the 
Secretary of Labor, employers must obtain a prevailing wage for the 
occupation in the area of intended employment in order to ensure that 
wages are not being adversely affected by paying foreign workers less 
than a prevailing wage. Under the regulations, employers may choose to 
submit an employer-provided survey as long as they meet the criteria 
set forth in the regulations at 20 CFR 655.10(f). In addition, ETA has 
codified the standards it uses to assess employer provided surveys that 
may be relied on to set the prevailing wage. The Department has 
established a new information collection, the Form ETA-9165, Employer-
Provided Survey Attestations to Accompany H-2B Prevailing Wage 
Determination Request Based on a Non-OES Survey, in order to increase 
compliance with the new standards applicable to employer-provided 
surveys and to assist the Department in reviewing those surveys. The 
Department uses the information collected to determine the adequacy of 
the data provided and validity of the methodology used in conducting 
the survey submitted by an employer in the H-2B program.

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:

    Type of Review: Extension.
    Title: Employer-Provided Survey Attestations to Accompany H-2B 
Prevailing Wage Determination Request Based on a Non-OES Survey.
    OMB Number: 1205-0516.
    Affected Public: Private Sector-businesses or other for profits and 
not-for-profit institutions, Federal Government, and State, Local and 
Tribal Governments.
    Form(s): ETA-9165, Employer-Provided Survey Attestations to 
Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES 
Survey.
    Total Annual Respondents: 278.
    Annual Frequency: On occasion.
    Total Annual Responses: 278.
    Average Time per Response: 25 Minutes.
    Estimated Total Annual Burden Hours: 116.
    Total Annual Burden Cost for Respondents: $5,639.
    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 submit sensitive information (e.g., confidential 
business information or personally identifiable information such as a 
social security number).

Portia Wu,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2015-17431 Filed 7-15-15; 8:45 am]
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