Notice2024-09735
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
Primary source
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Published
May 6, 2024
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 89 Issue 88 (Monday, May 6, 2024)</title>
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[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Notices]
[Pages 37263-37264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#f0b5a4b1debfb6bcb3deb69f829d83b0949f9cde979f86"><span class="__cf_email__" data-cfemail="0b4e5f4a25444d4748254d647966784b6f6467256c647d">[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#85c0d1c4abcac3c9c6abc3eaf7e8f6c5e1eae9abe2eaf3"><span class="__cf_email__" data-cfemail="93d6c7d2bddcd5dfd0bdd5fce1fee0d3f7fcffbdf4fce5">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#fcb9a8bdd2b3bab0bfd2ba938e918fbc989390d29b938a"><span class="__cf_email__" data-cfemail="eda8b9acc3a2aba1aec3ab829f809ead898281c38a829b">[email protected]</span></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). 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:
<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;
<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 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]
BILLING CODE 4510-FP-P
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