Notice2025-12553
Agency Information Collection Activities; Comment Request; Extension Package for Form ETA-9089, Application for Permanent Employment Certification, and Appendices
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
July 7, 2025
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
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) for Application for Permanent Employment Certification; and related information collection and retention requirements (OMB Control Number 1205-0451), which covers Form ETA-9089, Application for Permanent Employment Certification; Form ETA-9089, Final Determination: Permanent Employment Certification Approval; Form ETA-9089, Appendix A, Foreign Worker Information; Form ETA-9089, Appendix B, Additional Worksite Information; Form ETA-9089, Appendix C, Supplemental Information; Form ETA-9089, Appendix D, Special Recruitment for College and University Teachers, and Form ETA-9089, General Instructions. This action seeks an extension of the information collection 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
<html>
<head>
<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Notices]
[Pages 29890-29891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12553]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities; Comment Request;
Extension Package for Form ETA-9089, Application for Permanent
Employment Certification, and Appendices
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
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) for Application for Permanent Employment Certification;
and related information collection and retention requirements (OMB
Control Number 1205-0451), which covers Form ETA-9089, Application for
Permanent Employment Certification; Form ETA-9089, Final Determination:
Permanent Employment Certification Approval; Form ETA-9089, Appendix A,
Foreign Worker Information; Form ETA-9089, Appendix B, Additional
Worksite Information; Form ETA-9089, Appendix C, Supplemental
Information; Form ETA-9089, Appendix D, Special Recruitment for College
and University Teachers, and Form ETA-9089, General Instructions. This
action seeks an extension of the information collection 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).
[[Page 29891]]
DATES: Consideration will be given to all written comments received by
September 5, 2025.
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#2b6e7f6a05646d6768056d445946586b4f4447054c445d"><span class="__cf_email__" data-cfemail="c7829386e988818b84e981a8b5aab487a3a8abe9a0a8b1">[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#bbfeeffa95f4fdf7f895fdd4c9d6c8fbdfd4d795dcd4cd"><span class="__cf_email__" data-cfemail="175243563958515b54395178657a645773787b39707861">[email protected]</span></a>. To ensure proper
consideration, include the OMB control number 1205-0451.
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#3c79687d12737a707f127a534e514f7c585350125b534a"><span class="__cf_email__" data-cfemail="befbeaff90f1f8f2fd90f8d1ccd3cdfedad1d290d9d1c8">[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.
Section 212(a)(5)(A) of the Immigration and Nationality Act (INA),
8 U.S.C. 1182(a)(5)(A), requires the Secretary of Labor to certify that
any foreign worker seeking to enter the United States for the purpose
of performing skilled or unskilled labor will not adversely affect the
wages and working conditions of U.S. workers ``able, willing,
qualified, and available'' to perform such labor.\1\ DOL uses Form ETA-
9089 and its appendices to collect information about a sponsoring
employer's job offer and a foreign national's education and work
history, which are necessary to determine whether the admission of that
foreign national meets the requirements for certification under Section
212(a).
---------------------------------------------------------------------------
\1\ See also 20 CFR 656.2(c).
---------------------------------------------------------------------------
Employers seeking to sponsor workers as sheepherders or in Schedule
A occupations file Form ETA-9089 directly with the Department of
Homeland Security (DHS). DHS also accepts the Form ETA-9089 for its
National Interest Waiver program.
This information collection is authorized by INA Sections
212(a)(5)(A), 203(b)(2), and 203(b)(3) and 8 U.S.C. 1153(b)(2) and
(b)(3) and 1182(a)(5)(A), DOL and the U.S. Department of Homeland
Security (DHS) have promulgated regulations to implement provisions of
the INA at 20 CFR part 656 and 8 CFR 204.5. This information collection
is subject to 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 it is approved by the OMB under the
PRA and 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. The current ICR expires October 31, 2025. DOL
seeks to extend, without changes, the validity of Form ETA-9089,
Application for Permanent Employment Certification; Form ETA-9089,
Final Determination: Permanent Employment Certification Approval; Form
ETA-9089, Appendix A, Foreign Worker Information; Form ETA-9089,
Appendix B, Additional Worksite Information; Form ETA-9089, Appendix C,
Supplemental Information; Form ETA-9089, Appendix D, Special
Recruitment for College and University Teachers, and Form ETA-9089,
General Instructions.
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 1205-0451.
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: Application for Permanent Employment
Certification.
Forms: Form ETA-9089, Application for Permanent Employment
Certification; Form ETA-9089, Final Determination: Permanent Employment
Certification Approval; Form ETA-9089, Appendix A, Foreign Worker
Information; Form ETA-9089, Appendix B, Additional Worksite
Information; Form ETA-9089, Appendix C, Supplemental Information; Form
ETA-9089, Appendix D, Special Recruitment for College and University
Teachers, and Form ETA-9089, General Instructions.
OMB Control Number: 1205-0451.
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: 40,576.33.
Annual Frequency: Varies by form.
Total Estimated Number of Annual Responses: 954,186.66.
Estimated Time per Response: Varies by form.
Total Estimated Annual Burden Hours: 342,449.42 hours.
Total Estimated Annual Other Costs: $18,639,521.42.
(Authority: 44 U.S.C. 3506(c)(2)(A).)
Susan Frazier,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2025-12553 Filed 7-3-25; 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 July 7, 2025.
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.