82 FR 36158 - Comment Request for Information Collection for Form ETA-9035, Labor Condition Application for Nonimmigrant Workers (OMB Control Number 1205-0310), Revision of a Currently Approved Collection
DEPARTMENT OF LABOR
Employment and Training Administration Federal Register Volume 82, Issue 148 (August 3, 2017)
Employment and Training Administration
Federal Register Volume 82, Issue 148 (August 3, 2017)
| Page Range | 36158-36159 | |
| FR Document | 2017-16293 |
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)] [Notices] [Pages 36158-36159] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16293] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Form ETA-9035, Labor Condition Application for Nonimmigrant Workers (OMB Control Number 1205-0310), Revision of a Currently Approved Collection AGENCY: Employment and Training Administration (ETA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL or Department), as part of its effort to streamline information collection, clarify statutory and regulatory requirements, and provide greater transparency and oversight in the H-1B, H-1B1, and E-3 nonimmigrant visa application processes, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the extension of the approval for the information collection, Office of Management and Budget (OMB) Control Number 1205-0310, containing Form ETA-9035--Labor Condition Application for Nonimmigrant Workers; Form ETA-9035E--Labor Condition Application for Nonimmigrants Workers (electronic version); Form ETA-9035CP--General Instructions for the 9035 & 9035E; Wage and Hour Division (WHD) Form WH-4--Nonimmigrant Worker Information Form; and other H-1B related information collection and retention requirements, which expire May 31, 2018. A copy of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this notice. The Form ETA-9035/9035E must be used by employers seeking to employ a foreign worker in a specialty occupation or as a fashion model of distinguished merit and ability under the H-1B, H-1B1, and E-3 nonimmigrant visa classifications. The Form ETA-9035/9035E must be certified by the DOL before the Department of Homeland Security's United States Citizenship and Immigration Services (USCIS) may approve a petition authorizing admission of a foreign worker under the visa classification. The Form WH-4 is used to request that DOL's Wage and Hour Division initiate an investigation related to alleged violations of H-1B, H-1B1 and E-3 program requirements. DATES: Written comments must be submitted to the office listed in the addresses section below on or before October 2, 2017. ADDRESSES: Submit written comments to William W. Thompson II, Administrator, Office of Foreign Labor Certification, Box# 12-200, Employment & Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone number: 202- 513-7350 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD). Fax: 202-513- 7395. Email: [email protected] subject line: ETA-9035. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed above. SUPPLEMENTARY INFORMATION: I. Background The information collection is required by sections 212(n) and (t) and 214(c) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(n) and (t), and 1184(c)). The Department and the 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 United States (U.S.) to perform work in a specialty occupation or as a fashion model unless the U.S. employer makes certain attestations to the Secretary of Labor (Secretary). Those attestations include that the working conditions for the alien will not adversely affect the working conditions of similarly employed U.S. workers; that the employer 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 by the employer 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 the employer has provided notice of the filing of the LCA. In addition, further attestations are generally required for H-1B dependent employers and willful violators. The current ICR expires May 31, 2018. The Department is seeking revisions to the Form 9035/9035E and Form 9035CP Instructions in order to streamline parts of the current information collection to assist the regulated community with form completion; provide greater clarity of existing employer obligations under the programs; and promote greater program transparency by collecting additional information on the employment of temporary nonimmigrant workers by U.S. employers. The Department is also seeking revisions to the Form WH-4 in order to provide the form in a LIVECYCLE document to improve accessibility and compliance with Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the [[Page 36159]] Workforce Investment Act of 1998 (Pub. L. 105-220), August 7, 1998 SEC. 508; assist the regulated community with form completion; and collect additional information to facilitate complainant communication for the enforcement of Forms 9035 and 9035E. II. Review Focus DOL 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; and also the agency's estimates associated with the annual burden cost incurred by respondents and the government cost associated with this collection of information; 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 submissions of responses. III. Current Actions In order to meet its statutory responsibilities under the INA, the Department needs to extend an existing collection of information pertaining to labor condition applications that are used in the H-1B, H-1B1, and E-3 visa programs and allow employers to bring foreign labor to the U.S. on a temporary basis. 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 May 31, 2018. The DOL seeks to extend PRA authorization for this revised information collection for three (3) more years. In the past the respondents have been for-profit businesses and not-for-profit institutions. On rare occasions the respondents have been local, State, tribal governments, or the Federal government. The Secretary uses the collected information to determine if employers are meeting their statutory and regulatory obligations. A. General Title: Labor Condition Application for H-1B, H-1B1, and E-3 Non- immigrants. Type of Review: Revision. OMB Number: 1205-0310. B. ETA Forms and Information Collections Title(s): Labor Condition Application for Nonimmigrant Workers, and General Instructions for the 9035 & 9035E. Affected Public: Private Sector (businesses or other for-profits and not-for-profit institutions) and State, Local, and Tribal Governments. Form(s): ETA forms ETA-9035, ETA-9035E, and ETA-9035CP. Total Annual Respondents: 569,260. Annual Frequency: On occasion. Total Annual Responses: One per respondent. Average Time per Response: 1.25 hours for forms ETA-9035/9035E, Appendix A (0.33 hour), and ETA-9035CP. For other steps conducted: Documentation of Corporate Identity--1 hour H-1B Employer's Only--Determination of H-1B Dependency--0.5 hour H-1B Employer's Only--Determination of H-1B Dependency- Document Retention--0.05 hour List of Exempt H-1B Employees in Public Access File--0.25 hour Record of Assurances of Non-displacement of U.S. Workers at Second Employer's Worksite--0.166 hour (x5 times annually) Offers of Employment to Displaced U.S. Workers--0.33 hour Documentation of U.S. Worker Recruitment--0.33 hour Documentation of Fringe Benefits--1.5 hour Documentation of Fringe Benefits for Multinational Employers-- 0.5 hour Wage Recordkeeping requirements Applicable to Employers of H- 1B Nonimmigrants--2.5 hour Estimated Total Annual Burden Hours: 910,844. Total Annual Burden Cost for Respondents: $53,171,155. C. WHD Form Title(s): Nonimmigrant Worker Information Form. Affected Public: Individuals or Households. Form(s): WH-4. Total Annual Respondents: 225. Annual Frequency: Once. Total Annual Responses: 225. Average Time per Response: 0.333 hours. Estimated Total Annual Burden Hours: 75. Total Annual Burden Cost for Respondents: $4330.20. Comments submitted in response to this comment request will be summarized and/or included in the request for OMB approval of the ICR; they will also become a matter of public record. Commenters are encouraged not to disclose private and/or sensitive information (e.g., Social Security Numbers or confidential business information). Byron Zuidema, Deputy Assistant Secretary for Employment and Training Administration, Department of Labor. [FR Doc. 2017-16293 Filed 8-2-17; 8:45 am] BILLING CODE 4510-FP-P
![36158 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices
Statements also may be submitted as provide the public and Federal agencies number above via TTY by calling the
email attachments in word processing or with an opportunity to comment on toll-free Federal Information Relay
pdf format transmitted to good.larry@ proposed and/or continuing collections Service at 1–877–889–5627 (TTY/TDD).
dol.gov. It is requested that statements of information in accordance with the Fax: 202–513–7395. Email:
not be included in the body of the Paperwork Reduction Act of 1995. This ETA.OFLC.Forms@dol.gov subject line:
email. Statements deemed relevant by program helps ensure that requested ETA–9035. A copy of the proposed
the Advisory Council and received on or data can be provided in the desired information collection request (ICR) can
before August 15 will be included in the format, reporting burden (time and be obtained by contacting the office
record of the meeting and made financial resources) is minimized, listed above.
available through the EBSA Public collection instruments are clearly SUPPLEMENTARY INFORMATION:
Disclosure Room, along with witness understood, and the impact of collection
statements. Do not include any requirements on respondents can be I. Background
personally identifiable information properly assessed. The information collection is required
(such as name, address, or other contact Currently, ETA is soliciting comments by sections 212(n) and (t) and 214(c) of
information) or confidential business concerning the extension of the the Immigration and Nationality Act
information that you do not want approval for the information collection, (INA) (8 U.S.C. 1182(n) and (t), and
publicly disclosed. Written statements Office of Management and Budget 1184(c)). The Department and the
submitted by invited witnesses will be (OMB) Control Number 1205–0310, Department of Homeland Security have
posted on the Advisory Council page of containing Form ETA–9035—Labor promulgated regulations to implement
the EBSA Web site, without change, and Condition Application for the INA. Specifically for this collection,
can be retrieved by most Internet search Nonimmigrant Workers; Form ETA– 20 CFR 655 Subparts H and I, and 8 CFR
engines. 9035E—Labor Condition Application for 214.2(h)(4) are applicable. The INA
Individuals or representatives of Nonimmigrants Workers (electronic mandates that no alien may enter the
organizations wishing to address the version); Form ETA–9035CP—General United States (U.S.) to perform work in
Advisory Council should forward their Instructions for the 9035 & 9035E; Wage a specialty occupation or as a fashion
requests to the Executive Secretary or and Hour Division (WHD) Form WH– model unless the U.S. employer makes
telephone (202) 693–8668. Oral 4—Nonimmigrant Worker Information certain attestations to the Secretary of
presentations will be limited to 10 Form; and other H–1B related Labor (Secretary). Those attestations
minutes, time permitting, but an information collection and retention include that the working conditions for
extended statement may be submitted requirements, which expire May 31, the alien will not adversely affect the
for the record. Individuals with 2018. A copy of the proposed working conditions of similarly
disabilities who need special information collection request can be employed U.S. workers; that the
accommodations should contact the obtained by contacting the office listed employer will offer a wage that is at
Executive Secretary by August 15. below in the addressee section of this least the higher of the prevailing wage
Signed at Washington, DC, this 28th day of notice. for the occupational classification in the
July, 2017. The Form ETA–9035/9035E must be area of employment or the actual wage
Timothy D. Hauser, used by employers seeking to employ a paid by the employer to all other
Deputy Assistant Secretary for Program
foreign worker in a specialty occupation individuals with similar experience and
Operations, Employee Benefits Security or as a fashion model of distinguished qualifications for the specific
Administration. merit and ability under the H–1B, H– employment in question; that there is no
[FR Doc. 2017–16361 Filed 8–2–17; 8:45 am] 1B1, and E–3 nonimmigrant visa strike or lockout in the course of a labor
BILLING CODE 4510–29–P
classifications. The Form ETA–9035/ dispute in the occupational
9035E must be certified by the DOL classification at the place of
before the Department of Homeland employment; and that the employer has
DEPARTMENT OF LABOR Security’s United States Citizenship and provided notice of the filing of the LCA.
Immigration Services (USCIS) may In addition, further attestations are
Employment and Training approve a petition authorizing generally required for H–1B dependent
Administration admission of a foreign worker under the employers and willful violators. The
visa classification. The Form WH–4 is current ICR expires May 31, 2018. The
Comment Request for Information used to request that DOL’s Wage and Department is seeking revisions to the
Collection for Form ETA–9035, Labor Hour Division initiate an investigation Form 9035/9035E and Form 9035CP
Condition Application for related to alleged violations of H–1B, H– Instructions in order to streamline parts
Nonimmigrant Workers (OMB Control 1B1 and E–3 program requirements. of the current information collection to
Number 1205–0310), Revision of a DATES: Written comments must be assist the regulated community with
Currently Approved Collection submitted to the office listed in the form completion; provide greater clarity
AGENCY: Employment and Training addresses section below on or before of existing employer obligations under
Administration (ETA), Labor. October 2, 2017. the programs; and promote greater
ACTION: Notice. ADDRESSES: Submit written comments program transparency by collecting
to William W. Thompson II, additional information on the
SUMMARY: The Department of Labor Administrator, Office of Foreign Labor employment of temporary
(DOL or Department), as part of its effort Certification, Box# 12–200, Employment nonimmigrant workers by U.S.
mstockstill on DSK30JT082PROD with NOTICES
to streamline information collection, & Training Administration, U.S. employers. The Department is also
clarify statutory and regulatory Department of Labor, 200 Constitution seeking revisions to the Form WH–4 in
requirements, and provide greater Avenue NW., Washington, DC 20210. order to provide the form in a
transparency and oversight in the H–1B, Telephone number: 202–513–7350 (this LIVECYCLE document to improve
H–1B1, and E–3 nonimmigrant visa is not a toll-free number). accessibility and compliance with
application processes, conducts a Individuals with hearing or speech Section 508 of the Rehabilitation Act (29
preclearance consultation program to impairments may access the telephone U.S.C. 794d), as amended by the
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![Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices 36159
Workforce Investment Act of 1998 (Pub. (3) years without renewal, and the Estimated Total Annual Burden
L. 105–220), August 7, 1998 SEC. 508; current approval for this collection is Hours: 910,844.
assist the regulated community with scheduled to expire on May 31, 2018. Total Annual Burden Cost for
form completion; and collect additional The DOL seeks to extend PRA Respondents: $53,171,155.
information to facilitate complainant authorization for this revised
C. WHD Form
communication for the enforcement of information collection for three (3) more
Forms 9035 and 9035E. years. Title(s): Nonimmigrant Worker
In the past the respondents have been Information Form.
II. Review Focus Affected Public: Individuals or
for-profit businesses and not-for-profit
DOL is particularly interested in institutions. On rare occasions the Households.
comments that: respondents have been local, State, Form(s): WH–4.
• Evaluate whether the proposed tribal governments, or the Federal Total Annual Respondents: 225.
collection of information is necessary government. The Secretary uses the Annual Frequency: Once.
for the proper performance of the collected information to determine if Total Annual Responses: 225.
functions of the agency, including employers are meeting their statutory Average Time per Response: 0.333
whether the information will have and regulatory obligations. hours.
practical utility; Estimated Total Annual Burden
• evaluate the accuracy of the A. General Hours: 75.
agency’s estimate of the burden of the Title: Labor Condition Application for Total Annual Burden Cost for
proposed collection of information, H–1B, H–1B1, and E–3 Non-immigrants. Respondents: $4330.20.
including the validity of the Type of Review: Revision. Comments submitted in response to
methodology and assumptions used; this comment request will be
and also the agency’s estimates OMB Number: 1205–0310. summarized and/or included in the
associated with the annual burden cost B. ETA Forms and Information request for OMB approval of the ICR;
incurred by respondents and the Collections they will also become a matter of public
government cost associated with this record. Commenters are encouraged not
Title(s): Labor Condition Application
collection of information; to disclose private and/or sensitive
• enhance the quality, utility, and for Nonimmigrant Workers, and General
information (e.g., Social Security
clarity of the information to be Instructions for the 9035 & 9035E.
Numbers or confidential business
collected; and Affected Public: Private Sector
information).
• minimize the burden of the (businesses or other for-profits and not-
collection of information on those who for-profit institutions) and State, Local, Byron Zuidema,
are to respond, including through the and Tribal Governments. Deputy Assistant Secretary for Employment
use of appropriate automated, Form(s): ETA forms ETA–9035, ETA– and Training Administration, Department of
electronic, mechanical, or other 9035E, and ETA–9035CP. Labor.
technological collection techniques or Total Annual Respondents: 569,260. [FR Doc. 2017–16293 Filed 8–2–17; 8:45 am]
other forms of information technology, Annual Frequency: On occasion. BILLING CODE 4510–FP–P
e.g., permitting electronic submissions Total Annual Responses: One per
of responses. respondent.
Average Time per Response: 1.25 DEPARTMENT OF LABOR
III. Current Actions hours for forms ETA–9035/9035E,
In order to meet its statutory Appendix A (0.33 hour), and ETA– Office of Workers’ Compensation
responsibilities under the INA, the 9035CP. Programs
Department needs to extend an existing For other steps conducted:
Proposed Revision to Existing
collection of information pertaining to • Documentation of Corporate Approved Collection; Comment
labor condition applications that are Identity—1 hour Request
used in the H–1B, H–1B1, and E–3 visa • H–1B Employer’s Only—
programs and allow employers to bring Determination of H–1B Dependency— AGENCY: Division of Federal Employees’
foreign labor to the U.S. on a temporary 0.5 hour Compensation, Office of Workers’
basis. • H–1B Employer’s Only— Compensation Programs, Department of
This information collection is subject Determination of H–1B Dependency- Labor.
to the PRA. A Federal agency generally Document Retention—0.05 hour ACTION: Notice.
cannot conduct or sponsor a collection • List of Exempt H–1B Employees in
of information, and the public is Public Access File—0.25 hour SUMMARY: The Department of Labor, as
generally not required to respond to an • Record of Assurances of Non- part of its continuing effort to reduce
information collection, unless it is displacement of U.S. Workers at paperwork and respondent burden,
approved by the OMB under the PRA Second Employer’s Worksite—0.166 conducts a preclearance consultation
and displays a currently valid OMB hour (x5 times annually) program to provide the general public
Control Number. In addition, • Offers of Employment to Displaced and Federal agencies with an
notwithstanding any other provisions of U.S. Workers—0.33 hour opportunity to comment on proposed
law, no person shall generally be subject • Documentation of U.S. Worker and/or continuing collections of
to penalty for failing to comply with a Recruitment—0.33 hour information in accordance with the
mstockstill on DSK30JT082PROD with NOTICES
collection of information that does not • Documentation of Fringe Benefits— Paperwork Reduction Act of 1995
display a valid Control Number. See 5 1.5 hour (PRA95). This program helps to ensure
CFR 1320.5(a) and 1320.6. The DOL • Documentation of Fringe Benefits for that requested data can be provided in
obtains OMB approval for this Multinational Employers—0.5 hour the desired format, reporting burden
information collection under Control • Wage Recordkeeping requirements (time and financial resources) is
Number 1205–0310. OMB authorization Applicable to Employers of H–1B minimized, collection instruments are
for an ICR cannot be for more than three Nonimmigrants—2.5 hour clearly understood, and the impact of
VerDate Sep<11>2014 16:35 Aug 02, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1](https://thefederalregister.org/doc/82_FR_36306/page/2.svg)
Document Created: 2017-08-03 07:24:32
Document Modified: 2017-08-03 07:24:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Written comments must be submitted to the office listed in the | |
| FR Citation | 82 FR 36158 |
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