[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Notices]
[Pages 22457-22458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08813]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Extension Package for Labor Condition Application for H-1B, H-1B1, and 
E-3 Nonimmigrants and Nonimmigrant Worker Information Form

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice of information collection; request for comment.

-----------------------------------------------------------------------

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 ``Labor Condition Application for H-1B, H-1B1, and 
E-3 Nonimmigrants'' and ``Nonimmigrant Worker Information Form''; and 
related information collection and retention requirements (OMB Control 
Number 1205-0310), which covers Form ETA-9035, Form ETA-9035E, Form 
ETA-9035 & 9035E Appendix A, Form ETA-9035CP, and Form WH-4. This 
action seeks an

[[Page 22458]]

extension of the forms without changes. 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 28, 2021.

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 202-693-8200 (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 email at [email protected].

FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office 
of Foreign Labor Certification, by telephone at 202-693-8200 (this is 
not a toll-free number) or by email at [email protected].

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

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, collection instruments are 
clearly understood, and the impact of collection requirements can be 
properly assessed.
    This information collection is required under sections 212(n) and 
(t) and 214(c) of the Immigration and Nationality Act (INA) and 8 
U.S.C. 1182(n) and (t), and 8 U.S.C.1184(c). DOL and the Department of 
Homeland Security have promulgated regulations to implement the INA's 
requirements at 20 CFR 655 Subparts H and I, and 8 CFR 214.2(h)(4), 
respectively. The INA mandates that no H-1B, H-1B1 or E-3 temporary 
nonimmigrant worker may enter the United States (U.S.) to perform work 
in a specialty occupation or as a fashion model of distinguished merit 
and ability unless the U.S. employer makes certain attestations to the 
Secretary of Labor (Secretary). The employer must attest that the 
working conditions for the nonimmigrant worker will not adversely 
affect the working conditions of similarly employed U.S. workers; that 
it will offer a wage that is at least the higher of the prevailing wage 
for the occupational classification in the area of employment or the 
actual wage paid 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 it has 
provided notice of the filing of the LCA. In addition, further 
attestations are generally required for H-1B dependent employers and 
willful violators. The current ICR expires October 31, 2021. DOL seeks 
to extend, without changes, the validity of forms ETA-9035, ETA-9035E, 
ETA-9035 & 9035E Appendix A, ETA-9035CP Instructions, and WH-4.
    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 
1205-0310.
    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: Extension Without Changes.
    Title of Collection: Labor Condition Application for H-1B, H-1B1, 
and E-3 Non-immigrants; and Nonimmigrant Worker Information Form.
    Forms: ETA-9035, ETA-9035E, ETA-9035 & 9035E Appendix A, ETA-
9035CP, and WH-4
    OMB Control Number: 1205-0310.
    Affected Public: Individuals or Households; Private Sector 
(businesses or other for profits); Not-for-profit Institutions; 
Government, State, Local and Tribal Governments.
    Total Estimated Number of Annual Respondents: 141,040.
    Annual Frequency: On Occasion.
    Total Estimated Number of Annual Responses: 641,049.
    Estimated Time per Response: Varies by form.
    Total Estimated Annual Time Burden: 836,686 hours.
    Total Estimated Annual Other Costs Burden: $94,880.

Suzan G. LeVine,
Principal Deputy Assistant Secretary for Employment and Training, 
Labor.
[FR Doc. 2021-08813 Filed 4-27-21; 8:45 am]
BILLING CODE 4510-FP-P