[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Pages 35999-36001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12804]



Employment and Training Administration

Agency Information Collection Activities for Prevailing Wage 
Determination Information Collection

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.


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SUMMARY: The Department of Labor's (Department) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
revision to the information collection request (ICR) titled 
``Application for Prevailing Wage Determination'' (OMB Control Number 
1205-0508), which covers Forms ETA-9141 and ETA-9141 Appendix A, and 
the accompanying form instructions. This action seeks to incorporate 
into this ICR the Form ETA-9165, with revisions, which is currently 
approved under the ICR titled ``H-2B Foreign Labor Certification 
Program'' (OMB Control Number 1205-0509). This action proposes minor 
changes to the Forms ETA-9141, ETA-9141, Appendix A, and ETA-9165, and 
their accompanying instructions. 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 on 
or before August 15, 2022.

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].
    Instructions: Submit written comments about, or requests for a copy 
of, this ICR by email at [email protected]. To ensure proper 
consideration, include the OMB control number 1205-0508.

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 to ETA.OF[email protected].
    Authority: 44 U.S.C. 3506(c)(2)(A).

SUPPLEMENTARY INFORMATION: The Department, 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 continuing information 
collections before submitting them to 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 written clearly and are easy to 
understand, and the impact of collection requirements can be properly 
    This information collection is required by the Immigration and 
Nationality Act (INA), sections 203(b)(3); 212(a)(5)(A); 212(m), (n), 
(p), (t); and 214(c) [8 U.S.C. 1153(b)(3); 1182(a)(5)(A); 1182(m), (n), 
(p), (t); and 1184(c)]; 8 CFR 204(k)(4)(i) and 214.2(h)(6)(i)(A), 
(h)(6)(iii)(A), and (h)(6)(iv)(A); and 20 CFR 655.10, 655.731, and 
656.40. The INA prohibits the employment of foreign workers under the 
H-1B, H-1B1, and E-3 nonimmigrant visa classifications unless the 
Secretary of Labor (Secretary) has approved a Labor Condition 
Application (LCA) in which the employer attests to pay the foreign 
worker at least the prevailing wage level for the occupational 
classification in the area of employment or the actual wage level paid 
by the employer to workers with similar experience and qualifications 
for the specific employment in question, whichever is greater. 
Similarly, the INA requires the Secretary to certify that the 
employment of foreign workers in H-2B nonimmigrant and certain 
immigrant visa classifications will not adversely affect the wages and 
working conditions of similarly employed workers in the U.S. To render 
this certification, the Secretary must determine the prevailing wage 
for the occupational classification and area of intended employment and 
ensure the employer offers a wage to the foreign worker that equals at 
least the prevailing wage. The information collection approved under 
this ICR ensure employers provide information about the job opportunity 
and terms of employment necessary for the Department to determine 
prevailing wages for job opportunities in the LCA programs and the H-2B 
and permanent (PERM) foreign labor certification programs.
    Prior to submitting labor certification applications to the 
Department, employers must obtain a prevailing wage determination (PWD) 
for their job opportunities from OFLC. Employers seeking to employ 
foreign workers under the LCA programs are not required to obtain a PWD 
from OFLC but may choose to do so to ensure the use of an appropriate 
prevailing wage with an LCA filing. When an employer obtains a PWD from 
OFLC for a job opportunity under the PERM and LCA programs, the INA 
requires the Department to determine the appropriate wage level for the 
occupational classification, ``commensurate with experience, education, 
and the level of supervision.'' 8 U.S.C. 1182(p)(4). When determining a 
prevailing wage for nonprofit and Governmental research organizations, 
institutions of higher education, and nonprofit entities related to or 
affiliated with institutions of higher education, the INA requires the 
Department to determine the prevailing wage using only wages paid to 
``employees at such institutions and organizations in the area of 
employment.'' 8 U.S.C. 1182(p)(1).
    The Department uses information provided in the Form ETA-9141 and 
Form ETA-9141 Appendix A to determine the appropriate occupational 
classification and prevailing wage rate for that occupation based on 
information about the nature of the job offer, such as the area of 
intended employment, description of job duties, and training and 
experience requirements. For the H-2B program, the Department uses the 
Form ETA-9165 to collect information necessary to determine whether an 
employer-provided survey complies with regulatory requirements and can 
be used to establish a prevailing wage for the job opportunity in lieu 
of a prevailing wage determined using the OEWS survey.
    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. The Department seeks a three year extension of 
OMB approval for the information collection implemented through the 
Form ETA-9141; Form ETA-9141, General Instructions; Form ETA-9141 
Appendix A, Request for Additional Worksite(s); Form ETA-9165; and Form 
ETA-9165, General Instructions.
    The Department is proposing minor revisions to the Form ETA-9141 
and its instructions to clarify several questions on the form and is 
revising the Form ETA-9141, Form ETA-9165, and corresponding 
instructions, to replace references to the Occupational Employment 
Statistics program with references to the Occupational Employment and 
Wage Statistics (OEWS) program, to reflect that the Bureau of Labor 
Statistics changed the title of the program in 2021. The Department's 
revisions to the Form ETA-9141 provide instructions related to mailing 
applications, clarify when and how an employer should respond to

[[Page 36001]]

questions about education requirements and non-OEWS PWD requests, and 
clarify when an employer must provide an ``N/A'' response to a question 
and when an employer must provide country information. The Department 
also revised Item F.9.b in the Form ETA-9165 so that it requests the 
number of workers included in the employer-provided survey data set. 
The Department has determined the proposed minor changes do not impose 
new information collection or retention requirements and do not impose 
additional burdens related to existing requirements. Supporting 
documentation that explains the Department's burden estimates and 
proposed minor revisions to the information collection instruments is 
available to the public at https://www.reginfo.gov/public/do/PRASearch 
by entering ``1205-0508'' in the ``OMB Control Number'' search function 
and is available on request using the contact information in the 
ADDRESSES section above.
    Interested parties are encouraged to provide comments regarding 
this ICR, including the proposed minor changes to the collection 
instruments and the Department's estimates of respondent burdens, to 
the contact information and instructions 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 1205-0508. Submitted comments will be a 
matter of public record for this ICR and posted on the internet, 
without redaction. The Department encourages commenters not to include 
personally identifiable information, confidential business data, or 
other sensitive statements or information in any comments.
    The Department 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, and the agency's 
estimates associated with the annual burden cost incurred by 
respondents and the government cost associated with this collection of 
     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).
    Agency: DOL-ETA.
    Title of Collection: Application for Prevailing Wage Determination.
    Type of Review: Revision of a Currently Approved Information 
    OMB Number: 1205-0508.
    Affected Public: Individuals or households, private sector 
(businesses or other for-profit institutions), not-for-profit 
institutions, Federal government, and state, local, and tribal 
    Form(s): ETA-9141, Application for Prevailing Wage Determination; 
ETA-9141, Application for Prevailing Wage Determination, General 
Instructions; ETA-9141, Appendix A, Request for Additional Worksite(s); 
ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B 
Prevailing Wage Determination Request Based on a Non-OEWS Survey; and 
ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B 
Prevailing Wage Determination Request Based on a Non-OEWS Survey, 
General Instructions.
    Total Estimated Number of Annual Respondents: 102,418.
    Annual Frequency: On occasion.
    Total Estimated Number of Annual Responses: 331,339.
    Estimated Time per Response: Various.
    Total Estimated Annual Burden Hours: 148,628.36.
    Total Estimated Annual Other Costs: $241,513.09.

Brent Parton,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-12804 Filed 6-13-22; 8:45 am]