80_FR_16515 80 FR 16456 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Labor Condition Application for H-1B, H-1B1, and E-3 Non-Immigrants

80 FR 16456 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Labor Condition Application for H-1B, H-1B1, and E-3 Non-Immigrants

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16456-16457
FR Document2015-07068

On March 31, 2015, the Department of Labor (DOL) will submit the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Labor Condition Application for H- 1B, H-1B1, and E-3 Non-Immigrants,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16456-16457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07068]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Labor Condition Application for H-1B, H-1B1, 
and E-3 Non-Immigrants

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On March 31, 2015, the Department of Labor (DOL) will submit 
the Employment and Training Administration (ETA) sponsored information 
collection request (ICR) titled, ``Labor Condition Application for H-
1B, H-1B1, and E-3 Non-Immigrants,'' to the Office of Management and 
Budget (OMB) for review and approval for continued use, without change, 
in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 
3501 et seq. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before April 30, 2015.

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 free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201503-1205-016 (this link will only become active 
on April 1, 2015) or by contacting Michel Smyth by telephone at 202-
693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor--OASAM, Office of 
the Chief Information Officer, Attn: Departmental Information 
Compliance Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

    Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Labor Condition Application for H-1B, H-1B1, and E-3 Non-Immigrants 
information collection. Immigration and Nationality Act (INA) sections 
212(n) and (t) and 214(c) require this information collection. See 8 
U.S.C. 1182(n) and (t) and 1184(c). The DOL and Department of Homeland 
Security have promulgated regulations to implement the INA. 
Specifically for this collection, 20 CFR 655 Subparts H and I and 8 CFR 
214.2(h)(4) are applicable. The INA mandates that no alien may enter 
the U.S. for the purpose of performing professional work on a temporary 
basis unless the U.S. employer has attested to the Secretary of Labor 
that the working conditions for the alien will not adversely affect the 
working conditions of similarly employed U.S. workers; that the salary 
will be at least the prevailing wage for the occupational 
classification in the area of employment or the actual wage paid by the 
employer to all other individuals with similar experience and 
qualifications for the specific employment in question, whichever is 
higher; 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 the employer has met all other requirements of the program as 
specified in the regulations. The information collection instruments 
are used by employers seeking to use non-immigrants (H-1B, H-1B1, E-3) 
in specialty occupations and as fashion models or by interested parties 
who want to report violations. The information permits the DOL to meet 
its statutory responsibilities for program administration, management, 
and oversight.
    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 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 DOL obtains OMB approval for this information collection 
under Control Number 1205-0310.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on March 31, 2015. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on December 31, 2014 (79 FR 
78910).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by April 30, 2015. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1205-0310. The OMB 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;

[[Page 16457]]

     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.
    Title of Collection: Labor Condition Application for H-1B, H-1B1, 
and E-3 Non-Immigrants.
    OMB Control Number: 1205-0310.
    Affected Public: Individuals or Households; State, Local, and 
Tribal Governments: and Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 58,014.
    Total Estimated Number of Responses: 1,299,841.
    Total Estimated Annual Time Burden: 567,627 hours.
    Total Estimated Annual Other Costs Burden: $0.

    Dated: March 24, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-07068 Filed 3-26-15; 8:45 am]
 BILLING CODE 4510-FP-P



                                                  16456                           Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

                                                                                                                      TABLE 5.—Continued
                                                       Family of one              Family of two                 Family of three             Family of four           Family of five       Family of six

                                                          18,662                        30,571                      41,974                      51,810                    61,140             71,508
                                                          18,994                        31,120                      42,721                      52,741                    62,237             72,794
                                                          19,666                        32,227                      44,237                      54,609                    64,441             75,363



                                                  Portia Wu,                                              submission@omb.eop.gov. Commenters                     information permits the DOL to meet its
                                                  Assistant Secretary for Employment and                  are encouraged, but not required, to                   statutory responsibilities for program
                                                  Training Administration.                                send a courtesy copy of any comments                   administration, management, and
                                                  [FR Doc. 2015–07031 Filed 3–26–15; 8:45 am]             by mail or courier to the U.S.                         oversight.
                                                  BILLING CODE 4510–FT–P                                  Department of Labor—OASAM, Office                        This information collection is subject
                                                                                                          of the Chief Information Officer, Attn:                to the PRA. A Federal agency generally
                                                                                                          Departmental Information Compliance                    cannot conduct or sponsor a collection
                                                  DEPARTMENT OF LABOR                                     Management Program, Room N1301,                        of information, and the public is
                                                                                                          200 Constitution Avenue NW.,                           generally not required to respond to an
                                                  Office of the Secretary                                 Washington, DC 20210; or by email:                     information collection, unless it is
                                                                                                          DOL_PRA_PUBLIC@dol.gov.                                approved by the OMB under the PRA
                                                  Agency Information Collection                                                                                  and displays a currently valid OMB
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Activities; Submission for OMB                                                                                 Control Number. In addition,
                                                                                                          Contact Michel Smyth by telephone at
                                                  Review; Comment Request; Labor                                                                                 notwithstanding any other provisions of
                                                                                                          202–693–4129, TTY 202–693–8064,
                                                  Condition Application for H–1B, H–                                                                             law, no person shall generally be subject
                                                                                                          (these are not toll-free numbers) or by
                                                  1B1, and E–3 Non-Immigrants                                                                                    to penalty for failing to comply with a
                                                                                                          email at DOL_PRA_PUBLIC@dol.gov.
                                                                                                                                                                 collection of information that does not
                                                  ACTION:   Notice.                                         Authority: 44 U.S.C. 3507(a)(1)(D).
                                                                                                                                                                 display a valid Control Number. See 5
                                                                                                          SUPPLEMENTARY INFORMATION:      This ICR               CFR 1320.5(a) and 1320.6. The DOL
                                                  SUMMARY:    On March 31, 2015, the                      seeks to extend PRA authority for the
                                                  Department of Labor (DOL) will submit                                                                          obtains OMB approval for this
                                                                                                          Labor Condition Application for H–1B,                  information collection under Control
                                                  the Employment and Training                             H–1B1, and E–3 Non-Immigrants
                                                  Administration (ETA) sponsored                                                                                 Number 1205–0310.
                                                                                                          information collection. Immigration and                  OMB authorization for an ICR cannot
                                                  information collection request (ICR)                    Nationality Act (INA) sections 212(n)
                                                  titled, ‘‘Labor Condition Application for                                                                      be for more than three (3) years without
                                                                                                          and (t) and 214(c) require this                        renewal, and the current approval for
                                                  H–1B, H–1B1, and E–3 Non-                               information collection. See 8 U.S.C.
                                                  Immigrants,’’ to the Office of                                                                                 this collection is scheduled to expire on
                                                                                                          1182(n) and (t) and 1184(c). The DOL                   March 31, 2015. The DOL seeks to
                                                  Management and Budget (OMB) for                         and Department of Homeland Security
                                                  review and approval for continued use,                                                                         extend PRA authorization for this
                                                                                                          have promulgated regulations to                        information collection for three (3) more
                                                  without change, in accordance with the                  implement the INA. Specifically for this
                                                  Paperwork Reduction Act of 1995                                                                                years, without any change to existing
                                                                                                          collection, 20 CFR 655 Subparts H and                  requirements. The DOL notes that
                                                  (PRA), 44 U.S.C. 3501 et seq. Public                    I and 8 CFR 214.2(h)(4) are applicable.
                                                  comments on the ICR are invited.                                                                               existing information collection
                                                                                                          The INA mandates that no alien may                     requirements submitted to the OMB
                                                  DATES: The OMB will consider all                        enter the U.S. for the purpose of                      receive a month-to-month extension
                                                  written comments that agency receives                   performing professional work on a                      while they undergo review. For
                                                  on or before April 30, 2015.                            temporary basis unless the U.S.                        additional substantive information
                                                  ADDRESSES: A copy of this ICR with                      employer has attested to the Secretary of              about this ICR, see the related notice
                                                  applicable supporting documentation;                    Labor that the working conditions for                  published in the Federal Register on
                                                  including a description of the likely                   the alien will not adversely affect the                December 31, 2014 (79 FR 78910).
                                                  respondents, proposed frequency of                      working conditions of similarly                          Interested parties are encouraged to
                                                  response, and estimated total burden                    employed U.S. workers; that the salary                 send comments to the OMB, Office of
                                                  may be obtained free of charge from the                 will be at least the prevailing wage for               Information and Regulatory Affairs at
                                                  RegInfo.gov Web site at http://                         the occupational classification in the                 the address shown in the ADDRESSES
                                                  www.reginfo.gov/public/do/PRAView                       area of employment or the actual wage                  section by April 30, 2015. In order to
                                                  ICR?ref_nbr=201503-1205-016 (this link                  paid by the employer to all other                      help ensure appropriate consideration,
                                                  will only become active on April 1,                     individuals with similar experience and                comments should mention OMB Control
                                                  2015) or by contacting Michel Smyth by                  qualifications for the specific                        Number 1205–0310. The OMB is
                                                  telephone at 202–693–4129, TTY 202–                     employment in question, whichever is                   particularly interested in comments
                                                  693–8064, (these are not toll-free                      higher; that there is no strike or lockout             that:
                                                  numbers) or by email at DOL_PRA_                        in the course of a labor dispute in the                  • Evaluate whether the proposed
                                                  PUBLIC@dol.gov.                                         occupational classification at the place               collection of information is necessary
                                                     Submit comments about this request                   of employment; and that the employer                   for the proper performance of the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  by mail or courier to the Office of                     has met all other requirements of the                  functions of the agency, including
                                                  Information and Regulatory Affairs,                     program as specified in the regulations.               whether the information will have
                                                  Attn: OMB Desk Officer for DOL–ETA,                     The information collection instruments                 practical utility;
                                                  Office of Management and Budget,                        are used by employers seeking to use                     • Evaluate the accuracy of the
                                                  Room 10235, 725 17th Street NW.,                        non-immigrants (H–1B, H–1B1, E–3) in                   agency’s estimate of the burden of the
                                                  Washington, DC 20503; by Fax: 202–                      specialty occupations and as fashion                   proposed collection of information,
                                                  395–5806 (this is not a toll-free                       models or by interested parties who                    including the validity of the
                                                  number); or by email: OIRA_                             want to report violations. The                         methodology and assumptions used;


                                             VerDate Sep<11>2014   20:59 Mar 26, 2015   Jkt 235001   PO 00000   Frm 00098    Fmt 4703   Sfmt 4703   E:\FR\FM\27MRN1.SGM   27MRN1


                                                                                  Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices                                            16457

                                                    • Enhance the quality, utility, and                   including a description of the likely                 served. Additional indicators of
                                                  clarity of the information to be                        respondents, proposed frequency of                    performance include: (1) Retention in
                                                  collected; and                                          response, and estimated total burden                  unsubsidized employment for one (1)
                                                    • Minimize the burden of the                          may be obtained free of charge from the               year; (2) satisfaction of the participants,
                                                  collection of information on those who                  RegInfo.gov Web site at http://                       employers, and host agencies with their
                                                  are to respond, including through the                   www.reginfo.gov/public/do/PRAView                     experiences and the services provided;
                                                  use of appropriate automated,                           ICR?ref_nbr=201411-1205-004 (this link                and (3) exiting participants who enter
                                                  electronic, mechanical, or other                        will only become active on April 1,                   volunteer work. This information
                                                  technological collection techniques or                  2015) or by contacting Michel Smyth by                collection has been classified as a
                                                  other forms of information technology,                  telephone at 202–693–4129, TTY 202–                   revision, because (1) of changes that will
                                                  e.g., permitting electronic submission of               693–8064, (these are not toll-free                    provide additional data fields to
                                                  responses.                                              numbers) or sending an email to DOL_                  grantees that have received awards in
                                                    Agency: DOL–ETA.                                      PRA_PUBLIC@dol.gov.                                   PY 2013 under a limited competition for
                                                    Title of Collection: Labor Condition                     Submit comments about this request                 pilot grants; (2) the ETA is introducing
                                                  Application for H–1B, H–1B1, and E–3                    by mail or courier to the Office of                   a quarterly narrative report to
                                                  Non-Immigrants.                                         Information and Regulatory Affairs,                   standardize the quarterly submission;
                                                    OMB Control Number: 1205–0310.                        Attn: OMB Desk Officer for DOL–ETA,                   (3) of changes to the Equitable
                                                    Affected Public: Individuals or                       Office of Management and Budget,                      Distribution Report to reflect that all of
                                                  Households; State, Local, and Tribal                    Room 10235, 725 17th Street NW.,                      the data required for an analysis
                                                  Governments: and Private Sector—                        Washington, DC 20503; by Fax: 202–                    equitable distribution of resources is
                                                  businesses or other for-profits and not-                395–5806 (this is not a toll-free                     now provided to grantees on
                                                  for-profit institutions.                                number); or by email: OIRA_                           SCSEPED.org; and (4) additional
                                                    Total Estimated Number of                             submission@omb.eop.gov. Commenters                    questions to each of the customer
                                                  Respondents: 58,014.                                    are encouraged, but not required, to                  satisfaction surveys. Older Americans
                                                    Total Estimated Number of                             send a courtesy copy of any comments                  Act section 513(f) authorizes this
                                                  Responses: 1,299,841.                                   by mail or courier to the U.S.                        information collection. See 42 U.S.C.
                                                    Total Estimated Annual Time Burden:                   Department of Labor—OASAM, Office                     3056(f).
                                                  567,627 hours.                                          of the Chief Information Officer, Attn:                  This information collection is subject
                                                    Total Estimated Annual Other Costs                    Departmental Information Compliance                   to the PRA. A Federal agency generally
                                                  Burden: $0.                                             Management Program, Room N1301,                       cannot conduct or sponsor a collection
                                                    Dated: March 24, 2015.                                200 Constitution Avenue NW.,                          of information, and the public is
                                                  Michel Smyth,                                           Washington, DC 20210; or by email:                    generally not required to respond to an
                                                  Departmental Clearance Officer.                         DOL_PRA_PUBLIC@dol.gov.                               information collection, unless it is
                                                  [FR Doc. 2015–07068 Filed 3–26–15; 8:45 am]             FOR FURTHER INFORMATION CONTACT:                      approved by the OMB under the PRA
                                                                                                          Contact Michel Smyth by telephone at                  and displays a currently valid OMB
                                                  BILLING CODE 4510–FP–P
                                                                                                          202–693–4129, TTY 202–693–8064,                       Control Number. In addition,
                                                                                                          (these are not toll-free numbers) or                  notwithstanding any other provisions of
                                                  DEPARTMENT OF LABOR                                     sending an email to DOL_PRA_                          law, no person shall generally be subject
                                                                                                          PUBLIC@dol.gov.                                       to penalty for failing to comply with a
                                                  Office of the Secretary                                   Authority: 44 U.S.C. 3507(a)(1)(D).
                                                                                                                                                                collection of information that does not
                                                                                                                                                                display a valid Control Number. See 5
                                                  Agency Information Collection                           SUPPLEMENTARY INFORMATION:     This ICR               CFR 1320.5(a) and 1320.6. The DOL
                                                  Activities; Submission for OMB                          seeks approval under the PRA for                      obtains OMB approval for this
                                                  Review; Comment Request; Senior                         revisions to the Senior Community                     information collection under Control
                                                  Community Service Employment                            Service Employment Program (SCSEP)                    Number 1205–0040. The current
                                                  Program Performance Measurement                         Performance Measurement System—                       approval is scheduled to expire on
                                                  System                                                  Reporting Forms ETA–9120, Participant                 March 31, 2015; however, the DOL
                                                                                                          Data; ETA–9121, Community Service                     notes that existing information
                                                  ACTION:   Notice.                                       Assignment; ETA–9122, Unsubsidized                    collection requirements submitted to the
                                                                                                          Employment; ETA–9123, Exit; ETA–                      OMB receive a month-to-month
                                                  SUMMARY:   On March 31, 2015, the                       9124 Part A, Participant Customer                     extension while they undergo review.
                                                  Department of Labor (DOL) will submit                   Satisfaction; ETA–9124 Part B, Host                   New requirements would only take
                                                  the Employment and Training                             Agency Customer Satisfaction; ETA–                    effect upon OMB approval. For
                                                  Administration (ETA) sponsored                          9124 Part C, Employer Customer                        additional substantive information
                                                  information collection request (ICR)                    Satisfaction; and ETA–8705, State                     about this ICR, see the related notice
                                                  revision titled, ‘‘Senior Community                     Equitable Distribution Report. The                    published in the Federal Register on
                                                  Service Employment Program                              SCSEP Performance Measurement                         November 5, 2014 (79 FR 65705).
                                                  Performance Measurement System,’’ to                    System has six core indicators of                        Interested parties are encouraged to
                                                  the Office of Management and Budget                     performance: (1) Aggregate hours of                   send comments to the OMB, Office of
                                                  (OMB) for review and approval for use                   community service provided compared                   Information and Regulatory Affairs at
                                                  in accordance with the Paperwork                        to the number of hours funded by the                  the address shown in the ADDRESSES
                                                  Reduction Act (PRA) of 1995 (44 U.S.C.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          grant; (2) entry into unsubsidized                    section by April 30, 2015. In order to
                                                  3501 et seq.). Public comments on the                   employment; (3) retention in                          help ensure appropriate consideration,
                                                  ICR are invited.                                        unsubsidized employment for six                       comments should mention OMB Control
                                                  DATES: The OMB will consider all                        months; (4) average earnings; (5)                     Number 1205–0040. The OMB is
                                                  written comments that agency receives                   number of eligible individuals served                 particularly interested in comments
                                                  on or before April 30, 2015.                            compared to the number of positions                   that:
                                                  ADDRESSES: A copy of this ICR with                      funded; and (6) average number of most-                 • Evaluate whether the proposed
                                                  applicable supporting documentation;                    in-need barriers of the individuals                   collection of information is necessary


                                             VerDate Sep<11>2014   20:59 Mar 26, 2015   Jkt 235001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\27MRN1.SGM   27MRN1



Document Created: 2015-12-18 11:35:50
Document Modified: 2015-12-18 11:35:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe OMB will consider all written comments that agency receives on or before April 30, 2015.
ContactContact Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]
FR Citation80 FR 16456 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR