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)

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


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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.

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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