Notice2022-12804
Agency Information Collection Activities for Prevailing Wage Determination Information Collection
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 14, 2022
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
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).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 35999-36001]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12804]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities for Prevailing Wage
Determination Information Collection
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 36000]]
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 <a href="/cdn-cgi/l/email-protection#7d38293c53323b313e533b120f100e3d191211531a120b"><span class="__cf_email__" data-cfemail="a7e2f3e689e8e1ebe489e1c8d5cad4e7c3c8cb89c0c8d1">[email protected]</span></a>.
Instructions: Submit written comments about, or requests for a copy
of, this ICR by email at <a href="/cdn-cgi/l/email-protection#014455402f4e474d422f476e736c7241656e6d2f666e77"><span class="__cf_email__" data-cfemail="7b3e2f3a55343d3738553d140916083b1f1417551c140d">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#4e0b1a0f600108020d6008213c233d0e2a212260292138"><span class="__cf_email__" data-cfemail="145140553a5b5258573a527b66796754707b783a737b62">[email protected]</span></a>.
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
assessed.
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 <a href="https://www.reginfo.gov/public/do/PRASearch">https://www.reginfo.gov/public/do/PRASearch</a>
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:
<bullet> 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;
<bullet> 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
information;
<bullet> Enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> 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
Collection.
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
governments.
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]
BILLING CODE 4510-FP-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.