[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18589-18590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06875]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled, ``Form ETA-750A and Form ETA-750B, Application 
for Alien Certification.'' This comment request is part of continuing 
Departmental efforts to reduce paperwork and respondent burden in 
accordance with the Paperwork Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
June 1, 2020.

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 for free by 
contacting Brian Pasternak, Administrator, Office of Foreign Labor 
Certification, by telephone at 202-513-7350 (this is not a toll-free 
number), TTY 1-877-889-5627 (this is not a toll-free number), or by 
email at [email protected].
    Submit written comments about, or requests for a copy of, this ICR 
by mail or courier to the U.S. Department of Labor, Employment and 
Training Administration, Office of Foreign Labor Certification, 200 
Constitution Avenue NW, Box PPII 12-200, Washington, DC 20210; by 
email: [email protected]; or by fax: 202-513-7395.

FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office 
of Foreign Labor Certification, by telephone at 202-513-7350 (this is 
not a toll-free number) or by email at [email protected].

SUPPLEMENTARY INFORMATION: DOL, in its continuing efforts to reduce 
paperwork and respondent burden, conducts a pre-clearance consultation 
program to provide the general public and Federal agencies an 
opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the Office of Management and 
Budget (OMB) for final approval. This program ensures the public 
provides all necessary data in the desired format, the reporting burden 
(time and financial resources) is minimized, the collection instruments 
are clearly understood, and the impact of collection requirements can 
be properly assessed.
    Under the Immigration and Nationality Act (INA) Sec.  212(a)(5)(A), 
the Secretary of Labor must certify that any foreign worker seeking to 
permanently enter the United States to perform skilled or unskilled 
labor under an employment-based visa 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, qualified, 
and available to perform such labor. Before an employer may request any 
skilled or unskilled foreign labor under this section, it must submit a 
request for certification to the Secretary of Labor. In limited 
circumstances, a foreign national without an employer sponsor may apply 
for a waiver of the job offer requirement with the Department of 
Homeland Security (DHS) as provided in the INA Sec.  203(b)(2)(B)(i) on 
the ground that the waiver is in the national interest, which allows 
foreign workers to self-petition and, where appropriate, enter without 
a labor certification.
    DOL uses Form ETA-750A, Application for Alien Employment 
Certification, (OMB Control Number 1205-0015) to process applications 
for permanent employment certification, specifically related to the 
processing of professional athletes. Form ETA-750A collects information 
that, when appropriate, permits DOL to certify that the admission of a 
foreign professional athlete meets the requirements of Section 
212(a)(5)(A). Section 212(a)(5)(A)(iii) of the INA deals specifically 
with professional athletes coming to the United States on a permanent 
basis as immigrants.
    Through Form ETA-750B, Application for Alien Employment 
Certification, DOL collects biographical information concerning the 
education, work history, and personal details of a professional athlete 
on whose behalf an application for permanent labor certification is 
filed. DHS also collects information on the Form ETA-750B, pursuant to 
8 CFR 204.5(k)(4)(ii) for foreign workers applying for the National 
Interest Waivers of the job offer requirement under the INA Sec.  
203(b)(2)(B)(i). 8 U.S.C. 1153(b)(2)(B)(i), Sec.  1182(a)(5)(A)) and 8 
Code of Federal Regulation (CFR) 204.5(k)(4)(ii) authorizes this 
information collection.
    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 OMB, under the PRA, approves it and the collection 
tool 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.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0015.
    Submitted comments will also be a matter of public record for this 
ICR and

[[Page 18590]]

posted on the internet, without redaction. DOL encourages commenters 
not to include personally identifiable information, confidential 
business data, or other sensitive statements/information in any 
comments.
    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 submission of responses).
    Agency: DOL-ETA.
    Type of Review: Extension Without Changes.
    Title of Collection: Form ETA-750A, Application for Alien 
Employment Certification and Form ETA-750B, Application for Alien 
Employment Certification.
    Form: Form ETA-750A and Form ETA-750B.
    OMB Control Number: 1205-0015.
    Estimated Number of Respondents:
    Form ETA-750A--86.6.
    Form ETA-750B--9,558.
    Frequency: On Occasion.
    Total Estimated Annual Responses: 9,644.6.
    Estimated Average Time per Response:
    Form ETA-750A--2.8 hours.
    Form ETA-750B--1.8 hours.
    Estimated Total Annual Burden Hours: 17,446.88.
    Total Estimated Annual Other Costs Burden: $0.

(Authority: 44 U.S.C. 3506(c)(2)(A))

John Pallasch,
Assistant Secretary for Employment and Training.
[FR Doc. 2020-06875 Filed 4-1-20; 8:45 am]
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