[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Notices]
[Pages 37263-37264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09735]


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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 Nonimmigrant Workers and Nonimmigrant Worker Information Form

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice; request for comments.

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SUMMARY: The Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning the proposed 
extension of the information collection request (ICR) for the ``Labor 
Condition Application for Nonimmigrant Workers'' 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 (electronic), Form ETA-9035 & 9035E, 
Appendix A, Form ETA-9035CP, General Instructions for the 9035 & 9035E, 
and Form WH-4. This action seeks an 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 
July 5, 2024.

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 1205-0310.

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].

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). See 8 
U.S.C. 1182(n) and (t), and 1184(c). DOL and the Department of Homeland 
Security have promulgated regulations to implement the INA's 
requirements at 20 CFR part 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 workers similarly employed; 
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. See 20 CFR 655.731, 655.732, 
655.733, and 655.734. In addition, further attestations are generally 
required for H-1B dependent employers and willful violators. See 20 CFR 
655.736, 655.738, and 655.739. The current ICR expires December 31, 
2024. DOL seeks to extend, without changes, the validity of

[[Page 37264]]

Forms ETA-9035, ETA-9035E, ETA-9035 & 9035E, Appendix A, ETA-9035CP, 
General 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 regarding 
this ICR 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. 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: Private Sector: Business or other for-profits and 
not-for-profit institutions; State, Local, and Tribal Governments; 
Individuals or Households.
    Total Estimated Number of Annual Respondents: 138,314.
    Annual Frequency: On Occasion.
    Total Estimated Number of Annual Responses: 645,353.
    Estimated Time per Response: Varies by form.
    Total Estimated Annual Burden Hours: 843,989 hours.
    Total Estimated Annual Other Costs: $41,140.
    Authority: 44 U.S.C. 3506(c)(2)(A).

Jos[eacute] Javier Rodr[iacute]guez,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2024-09735 Filed 5-3-24; 8:45 am]
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