Notice2026-05683
Agency Information Collection Activities for Application for Prevailing Wage Determination; Comment Request
Primary source
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Published
March 24, 2026
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 to the information collection request (ICR) titled "Application for Prevailing Wage Determination," and related information collection and retention requirements (OMB Control Number 1205-0508), which covers Forms ETA-9141, Application for Prevailing Wage Determination; Form ETA-9141, General Instructions; Form ETA-9141, Appendix A, Request for Additional Worksite(s); Form ETA 9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey; and Form ETA-9165, General Instructions. This action seeks to extend 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 91 Issue 56 (Tuesday, March 24, 2026)</title>
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[Federal Register Volume 91, Number 56 (Tuesday, March 24, 2026)]
[Notices]
[Pages 14042-14043]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05683]
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DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities for Application for
Prevailing Wage Determination; Comment Request
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 a proposed
extension to the information collection request (ICR) titled
``Application for Prevailing Wage Determination,'' and related
information collection and retention requirements (OMB Control Number
1205-0508), which covers Forms ETA-9141, Application for Prevailing
Wage Determination; Form ETA-9141, General Instructions; Form ETA-9141,
Appendix A, Request for Additional Worksite(s); Form ETA 9165,
Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage
Determination Request Based on a Non-OEWS Survey; and Form ETA-9165,
General Instructions. This action seeks to extend 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
May 26, 2026.
ADDRESSES: To submit written comments and/or request a copy of this ICR
(e.g., forms; instructions; supporting documents, etc.), for free,
please send an email to Brian Pasternak, Administrator, Office of
Foreign Labor Certification (OFLC), at <a href="/cdn-cgi/l/email-protection#c1849580ef8e878d82ef87aeb3acb281a5aeadefa6aeb7"><span class="__cf_email__" data-cfemail="c5809184eb8a838986eb83aab7a8b685a1aaa9eba2aab3">[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 email at <a href="/cdn-cgi/l/email-protection#de9b8a9ff09198929df098b1acb3ad9ebab1b2f0b9b1a8"><span class="__cf_email__" data-cfemail="a8edfce986e7eee4eb86eec7dac5dbe8ccc7c486cfc7de">[email protected]</span></a>.
Authority: 44 U.S.C. 3506(c)(2)(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 by the Immigration and
Nationality Act (INA), which, assigns the responsibilities to the
Secretary of Labor (Secretary) relating to the entry and employment of
certain categories of immigrant and nonimmigrant foreign workers under
the PERM, H-2B, H-1B, H-1B1, and E-3 programs. The INA prohibits the
admission of certain employment-based immigrants unless the Secretary
has certified that (1) there are not sufficient workers who are able,
willing, qualified and available at the time of application for a visa
and admission to the United States and at the place where the foreign
worker is to perform such skilled or unskilled labor, and (2) the
employment of such foreign worker will not adversely affect the wages
and working conditions of workers in the United States similarly
employed. See 8 U.S.C. 1182(a)(5)(A)(i)(II); 8 CFR 204.5(k)(4)(i),
214.2(h)(4)(i)(B)(1), (h)(6)(iii)(A), and (h)(6)(iv)(A). Similarly, the
INA prohibits the employment of foreign workers under the H-1B, H-1B1,
and E-3 Labor Condition Application (LCA) programs unless the Secretary
has approved an 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. See 8
U.S.C. 1182(n)(1)(A)(i)(I)-(II) and (t)(1)(A)(i)(I)-(II).
Prior to filing a PERM or H-2B labor certification application, the
employer must apply for prevailing wage determination (PWD) from OFLC.
Employers seeking to employ foreign workers under the H-1B, H-1B1, and
E-3 programs are not required to obtain a
[[Page 14043]]
PWD from the NPWC but may choose to do so.
ETA is seeking comments on proposed extension without change to the
covers Form ETA-9141, Application for Prevailing Wage Determination;
Form ETA-9141, General Instructions; Form ETA-9141, Appendix A, Request
for Additional Worksite(s); Form ETA-9165, Employer-Provided Survey
Attestations to Accompany H-2B Prevailing Wage Determination Request
Based on a Non-OEWS Survey, and its related form instructions.
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 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 July 31, 2026. DOL obtains OMB approval
for this information collection under Control Number 1205-0508. DOL
notes that existing information collection requirements submitted to
OMB receive a month-to-month extension while they undergo review.
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 1205-0508.
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.
Action: Extension without Changes.
Title of Collection: Application for Prevailing Wage Determination.
OMB Control Number: 1205-0508.
Affected Public: Private Sector (businesses or other for-profits);
Not-for-Profit Organizations; Government, State, Local and Tribal
Governments.
Form(s): Form ETA-9141, Application for Prevailing Wage
Determination; Form ETA-9141, General Instructions; Form ETA-9141,
Appendix A, Request for Additional Worksite(s); Form ETA-9165,
Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage
Determination Request Based on a Non-OEWS Survey, and Form ETA-9165,
General Instructions.
Total Estimated Number of Annual Respondents: 61,109.
Frequency: On Occasion.
Total Estimated Annual Responses: 498,432.
Average Time per Response: 1 hour and 42 minutes.
Total Estimated Annual Time Burden: 226,292.84.
Total Estimated Annual Other Costs Burden: $188,939.45.
Authority: 44 U.S.C. 3507(a)(1)(D).
Henry Maklakiewicz,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2026-05683 Filed 3-23-26; 8:45 am]
BILLING CODE 4510-FP-P
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