[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43877-43878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15592]


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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 U.S. Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
revision for the authority to conduct the information collection 
request (ICR) titled, ``ETA Form 9089, Application for Permanent 
Employment 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 
September 18, 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 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 by telephone at 202-
513-7350 (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: DOL, as part of 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 helps to ensure 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 can be properly 
assessed.
    In accordance with the PRA, ETA is providing the public notice and 
opportunity to comment on proposed revisions to the ETA Form-9089, 
Application for Permanent Employment Certification; Appendix A: Foreign 
Worker Information; Appendix B: Additional Worksite Information; 
Appendix C: Supplemental Information; Appendix D: Special Recruitment 
for College and University Teachers; and the general instructions to 
these forms. ETA is also seeking public comment on a proposal to 
eliminate the issuance of paper-based labor certification decisions 
through the creation of a two-page Form ETA-9089, Final Determination: 
Permanent Employment Certification Approval, which will be issued 
electronically to employers granted permanent labor certifications by 
DOL.
    ETA is also seeking public comment on a proposal to revise the form 
to allow employers seeking to employ professional athletes or coaches, 
as well as those claiming National Interest Waivers (NIW), to use the 
proposed form and discontinue the collection of this information on the 
Forms ETA-750A, Application for Alien Employment Certification--Offer 
of Employment, and/or ETA-750B, Application for Alien Employment 
Certification--Statement of Qualifications of Alien (OMB Control Number 
1205-0515).
    Under the Immigration and Nationality Act (INA), sections 203(b)(2) 
and (b)(3) and 212(a)(5)(A), and 8 U.S.C. 1153(b)(2) and (b)(3) and 
1182(a)(5)(A), DOL and the U.S. Department of Homeland Security (DHS) 
have promulgated regulations to implement provisions of the INA at 20 
CFR part 656 and 8 CFR 204.5. Consequently, the Secretary of Labor must 
certify that any foreign worker seeking to enter the United States for 
the purpose of performing skilled or unskilled labor is not adversely 
affecting 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 skilled or unskilled labor. In 
addition, before an employer may employ any skilled or unskilled 
foreign labor, it must submit a request for certification to

[[Page 43878]]

the Secretary of Labor containing the elements prescribed by the INA 
and the regulations or, in limited circumstances, where a foreign 
national without an employer sponsor may apply for a NIW with DHS.
    DOL is proposing to use the proposed Form ETA-9089, Application for 
Permanent Employment Certification (OMB Control Number 1205-0451), and 
its appendices to adjudicate permanent (PERM) employment certification 
applications for foreign workers filed by employers seeking to employ 
individuals on a permanent basis. An employer seeking a PERM employment 
certification to employ a foreign worker must submit the proposed form 
to DOL, including all required appendices. Once submitted, DOL will 
determine whether the employer adequately sought available and willing 
U.S. workers qualified for the opportunity as required under the 
regulations and whether U.S. workers who applied were rejected for 
lawful, job-related reasons. 20 CFR 656.24. If the DOL Certifying 
Officer's Final Determination denies certification of the application, 
the regulations provide the employer with the ability to request 
reconsideration of the decision or appeal the denial. 20 CFR 656.24 and 
656.26. DOL will also use the information collected through the 
proposed form and Appendix A to adjudicate PERM applications for 
professional athletes and coaches that currently apply using Forms ETA-
750A and ETA-750B under OMB Control Number 1205-0515, Workforce 
Innovation Funds Grants Reporting and Recordkeeping Requirements.
    DHS will also use Form ETA-9089 for the Job Offer Requirement of 
the NIW process, which exempts foreign workers from the job offer 
requirement if their expertise is in the national interest of the U.S. 
In addition, under 20 CFR 656.15, employers of foreign workers who are 
in occupations that meet DOL regulatory requirements for being 
designated as ``Schedule A--Shortage Occupations'' must apply for an 
employment certification using Form ETA-9089 and submit an uncertified 
form directly to DHS. Similarly, under 20 CFR 656.16, employers of 
foreign workers who are sheepherders must apply for an employment 
certification using Form ETA-9089 and submit an uncertified form 
directly to DHS. When Form ETA-9089 is submitted to DHS directly, DHS 
will use the form to analyze the foreign worker's background and 
experience for NIWs, Schedule A occupations, and sheepherders.
    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 OMB 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 
1205-0451.
    Submitted comments will also be a matter of public record for this 
ICR and 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: Revision of a Currently Approved Information 
Collection.
    Title of Collection: Form ETA-9089, Application for Permanent 
Employment Certification.
    Forms: ETA-9089, Application for Permanent Employment 
Certification; ETA-9089--Final Determination: Permanent Employment 
Certification Approval; ETA-9089--Appendix A; ETA-9089--Appendix B; 
ETA-9089--Appendix C; ETA-9089--Appendix D.
    OMB Control Number: 1205-0451.
    Affected Public: Individuals or Households; Private Sector 
(businesses or other for profits); Not-for-profit Institutions; 
Government, State, Local and Tribal Governments.
    Number of Respondents: 80,495.6.
    Frequency: Varies by form.
    Estimated Number of Annual Responses: 675,122.5.
    Estimated Average Time per Response: Varies by form.
    Estimated Total Annual Burden Hours: 234,231.93.
    Total Estimated Annual Other Costs Burden: $132,150.

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

John Pallasch,
Assistant Secretary for Employment and Training.
[FR Doc. 2020-15592 Filed 7-17-20; 8:45 am]
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