[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Page 57618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26263]



[[Page 57618]]

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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Application for Permanent Employment 
Certification

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting the Employment and 
Training Administration (ETA) sponsored information collection request 
(ICR) titled, ``Application for Permanent Employment Certification,'' 
to the Office of Management and Budget (OMB) for review and approval 
for continued use, without change, in accordance with the Paperwork 
Reduction Act (PRA) of 1995. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before January 5, 2018.

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 free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201711-1205-002 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to [email protected].
    Submit comments about this request by mail to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA, 
Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA approval for 
the Application for Permanent Employment Certification (Form ETA-9089) 
information collection. Form ETA-9089 is used in the DOL's permanent 
employment-based immigration program by employers seeking certification 
to hire foreign workers to perform permanent work in the United States. 
Immigration and Nationality Act (INA) section 212(a)(5)(A), 8 U.S.C 
1182(a)(5)(A), requires the Secretary of Labor to certify that any 
foreign worker seeking to enter the United States for the purpose of 
performing skilled or unskilled labor will not adversely affect the 
wages and working conditions of U.S. workers similarly employed and 
that there are not sufficient U.S. workers able, willing, and qualified 
to perform such labor. The DOL uses Form ETA-9089 to collect 
information about a sponsoring employer's job offer and about a foreign 
national's education and work history. This information is necessary to 
determine whether the admission of that foreign national meets the 
requirements for certification under section 212(a)(5)(A). Employers 
seeking to sponsor workers as sheepherders or in Schedule A occupations 
file Form ETA-9089 directly with the Department of Homeland Security 
(DHS). The DHS also accepts ETA Form 9089 in place of the ETA-750 in 
its National Interest Waiver program. INA sections 203(b) and 
212(a)(5)(A) authorize this information collection. See 8 U.S.C. 
1153(b), 1182(a)(5)(A).
    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 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 1205-0451.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the DOL seeks to extend PRA authorization 
for this information collection for three (3) more years without any 
change to existing requirements. The DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. For additional 
substantive information about this ICR, see the related notice 
published in the Federal Register on August 28, 2017 (82 FR 40807).
    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 thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1205-0451. 
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, 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: DOL-ETA.
    Title of Collection: Application for Permanent Employment 
Certification.
    OMB Control Number: 1205-0451.
    Affected Public: Individuals or Households; Federal Government; 
State, Local, and Tribal governments; Private Sector--businesses or 
other for-profit entities, not-for-profit institutions, and farms.
    Total Estimated Number of Respondents: 113,304.
    Total Estimated Number of Responses: 113,304.
    Total Estimated Annual Time Burden: 227,118 hours.
    Total Estimated Annual Other Costs Burden: $18,769,032.

    Authority: 44 U.S.C. 3507(a)(1)(D).

     Dated: November 30, 2017.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2017-26263 Filed 12-5-17; 8:45 am]
 BILLING CODE 4510-FP-P