82_FR_57851 82 FR 57618 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Permanent Employment Certification

82 FR 57618 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Permanent Employment Certification

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 82, Issue 233 (December 6, 2017)

Page Range57618-57618
FR Document2017-26263

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Application for Permanent Employment Certification,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are invited.

Federal Register, Volume 82 Issue 233 (Wednesday, December 6, 2017)
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Page 57618]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26263]



[[Page 57618]]

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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Application for Permanent Employment 
Certification

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employment and 
Training Administration (ETA) sponsored information collection request 
(ICR) titled, ``Application for Permanent Employment Certification,'' 
to the Office of Management and Budget (OMB) for review and approval 
for continued use, without change, in accordance with the Paperwork 
Reduction Act (PRA) of 1995. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before January 5, 2018.

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=201711-1205-002 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to [email protected].
    Submit comments about this request by mail 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: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA approval for 
the Application for Permanent Employment Certification (Form ETA-9089) 
information collection. Form ETA-9089 is used in the DOL's permanent 
employment-based immigration program by employers seeking certification 
to hire foreign workers to perform permanent work in the United States. 
Immigration and Nationality Act (INA) section 212(a)(5)(A), 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 similarly employed and 
that there are not sufficient U.S. workers able, willing, and qualified 
to perform such labor. The DOL uses Form ETA-9089 to collect 
information about a sponsoring employer's job offer and about a foreign 
national's education and work history. This information is necessary to 
determine whether the admission of that foreign national meets the 
requirements for certification under section 212(a)(5)(A). Employers 
seeking to sponsor workers as sheepherders or in Schedule A occupations 
file Form ETA-9089 directly with the Department of Homeland Security 
(DHS). The DHS also accepts ETA Form 9089 in place of the ETA-750 in 
its National Interest Waiver program. INA sections 203(b) and 
212(a)(5)(A) authorize this information collection. See 8 U.S.C. 
1153(b), 1182(a)(5)(A).
    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 1205-0451.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and 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 August 28, 2017 (82 FR 40807).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1205-0451. 
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;
     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: Application for Permanent Employment 
Certification.
    OMB Control Number: 1205-0451.
    Affected Public: Individuals or Households; Federal Government; 
State, Local, and Tribal governments; Private Sector--businesses or 
other for-profit entities, not-for-profit institutions, and farms.
    Total Estimated Number of Respondents: 113,304.
    Total Estimated Number of Responses: 113,304.
    Total Estimated Annual Time Burden: 227,118 hours.
    Total Estimated Annual Other Costs Burden: $18,769,032.

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

     Dated: November 30, 2017.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2017-26263 Filed 12-5-17; 8:45 am]
 BILLING CODE 4510-FP-P



                                               57618                    Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices

                                               DEPARTMENT OF LABOR                                     SUPPLEMENTARY INFORMATION:      This ICR              additional substantive information
                                                                                                       seeks to extend PRA approval for the                  about this ICR, see the related notice
                                               Office of the Secretary                                 Application for Permanent Employment                  published in the Federal Register on
                                                                                                       Certification (Form ETA–9089)                         August 28, 2017 (82 FR 40807).
                                               Agency Information Collection                           information collection. Form ETA–9089
                                               Activities; Submission for OMB                                                                                  Interested parties are encouraged to
                                                                                                       is used in the DOL’s permanent                        send comments to the OMB, Office of
                                               Review; Comment Request;                                employment-based immigration
                                               Application for Permanent                                                                                     Information and Regulatory Affairs at
                                                                                                       program by employers seeking
                                               Employment Certification                                                                                      the address shown in the ADDRESSES
                                                                                                       certification to hire foreign workers to
                                                                                                                                                             section within thirty (30) days of
                                                                                                       perform permanent work in the United
                                               ACTION:Notice of availability; request                  States. Immigration and Nationality Act               publication of this notice in the Federal
                                               for comments.                                           (INA) section 212(a)(5)(A), 8 U.S.C                   Register. In order to help ensure
                                                                                                       1182(a)(5)(A), requires the Secretary of              appropriate consideration, comments
                                               SUMMARY:    The Department of Labor                                                                           should mention OMB Control Number
                                                                                                       Labor to certify that any foreign worker
                                               (DOL) is submitting the Employment                                                                            1205–0451. The OMB is particularly
                                                                                                       seeking to enter the United States for the
                                               and Training Administration (ETA)                                                                             interested in comments that:
                                                                                                       purpose of performing skilled or
                                               sponsored information collection
                                                                                                       unskilled labor will not adversely affect               • Evaluate whether the proposed
                                               request (ICR) titled, ‘‘Application for
                                                                                                       the wages and working conditions of                   collection of information is necessary
                                               Permanent Employment Certification,’’
                                                                                                       U.S. workers similarly employed and                   for the proper performance of the
                                               to the Office of Management and Budget
                                                                                                       that there are not sufficient U.S. workers            functions of the agency, including
                                               (OMB) for review and approval for                       able, willing, and qualified to perform
                                               continued use, without change, in                                                                             whether the information will have
                                                                                                       such labor. The DOL uses Form ETA–                    practical utility;
                                               accordance with the Paperwork                           9089 to collect information about a
                                               Reduction Act (PRA) of 1995. Public                                                                             • Evaluate the accuracy of the
                                                                                                       sponsoring employer’s job offer and
                                               comments on the ICR are invited.                        about a foreign national’s education and              agency’s estimate of the burden of the
                                               DATES: The OMB will consider all                        work history. This information is                     proposed collection of information,
                                               written comments that agency receives                   necessary to determine whether the                    including the validity of the
                                               on or before January 5, 2018.                           admission of that foreign national meets              methodology and assumptions used;
                                               ADDRESSES: A copy of this ICR with                      the requirements for certification under                • Enhance the quality, utility, and
                                               applicable supporting documentation;                    section 212(a)(5)(A). Employers seeking               clarity of the information to be
                                               including a description of the likely                   to sponsor workers as sheepherders or                 collected; and
                                               respondents, proposed frequency of                      in Schedule A occupations file Form                     • Minimize the burden of the
                                               response, and estimated total burden                    ETA–9089 directly with the Department                 collection of information on those who
                                               may be obtained free of charge from the                 of Homeland Security (DHS). The DHS                   are to respond, including through the
                                               RegInfo.gov Web site at http://                         also accepts ETA Form 9089 in place of                use of appropriate automated,
                                               www.reginfo.gov/public/do/                              the ETA–750 in its National Interest                  electronic, mechanical, or other
                                               PRAViewICR?ref_nbr=201711-1205-002                      Waiver program. INA sections 203(b)
                                                                                                                                                             technological collection techniques or
                                               (this link will only become active on the               and 212(a)(5)(A) authorize this
                                                                                                                                                             other forms of information technology,
                                               day following publication of this notice)               information collection. See 8 U.S.C.
                                                                                                                                                             e.g., permitting electronic submission of
                                               or by contacting Michel Smyth by                        1153(b), 1182(a)(5)(A).
                                                                                                          This information collection is subject             responses.
                                               telephone at 202–693–4129, TTY 202–
                                               693–8064, (these are not toll-free                      to the PRA. A Federal agency generally                  Agency: DOL–ETA.
                                               numbers) or sending an email to DOL_                    cannot conduct or sponsor a collection                  Title of Collection: Application for
                                               PRA_PUBLIC@dol.gov.                                     of information, and the public is                     Permanent Employment Certification.
                                                  Submit comments about this request                   generally not required to respond to an
                                                                                                       information collection, unless it is                    OMB Control Number: 1205–0451.
                                               by mail to the Office of Information and
                                                                                                       approved by the OMB under the PRA                       Affected Public: Individuals or
                                               Regulatory Affairs, Attn: OMB Desk
                                                                                                       and displays a currently valid OMB                    Households; Federal Government; State,
                                               Officer for DOL–ETA, Office of
                                                                                                       Control Number. In addition,                          Local, and Tribal governments; Private
                                               Management and Budget, Room 10235,
                                                                                                       notwithstanding any other provisions of               Sector—businesses or other for-profit
                                               725 17th Street NW., Washington, DC
                                                                                                       law, no person shall generally be subject             entities, not-for-profit institutions, and
                                               20503; by Fax: 202–395–5806 (this is
                                                                                                       to penalty for failing to comply with a               farms.
                                               not a toll-free number); or by email:
                                                                                                       collection of information that does not                 Total Estimated Number of
                                               OIRA_submission@omb.eop.gov.
                                                                                                       display a valid Control Number. See 5                 Respondents: 113,304.
                                               Commenters are encouraged, but not
                                                                                                       CFR 1320.5(a) and 1320.6. The DOL
                                               required, to send a courtesy copy of any                obtains OMB approval for this                           Total Estimated Number of
                                               comments by mail or courier to the U.S.                 information collection under Control                  Responses: 113,304.
                                               Department of Labor-OASAM, Office of                    Number 1205–0451.                                       Total Estimated Annual Time Burden:
                                               the Chief Information Officer, Attn:                       OMB authorization for an ICR cannot                227,118 hours.
                                               Departmental Information Compliance                     be for more than three (3) years without
                                               Management Program, Room N1301,                                                                                 Total Estimated Annual Other Costs
                                                                                                       renewal, and the DOL seeks to extend
                                               200 Constitution Avenue NW.,                                                                                  Burden: $18,769,032.
                                                                                                       PRA authorization for this information
daltland on DSKBBV9HB2PROD with NOTICES




                                               Washington, DC 20210; or by email:                      collection for three (3) more years                     Authority: 44 U.S.C. 3507(a)(1)(D).
                                               DOL_PRA_PUBLIC@dol.gov.                                 without any change to existing                          Dated: November 30, 2017.
                                               FOR FURTHER INFORMATION CONTACT:                        requirements. The DOL notes that
                                                                                                                                                             Michel Smyth,
                                               Michel Smyth by telephone at 202–693–                   existing information collection
                                               4129, TTY 202–693–8064, (these are not                  requirements submitted to the OMB                     Departmental Clearance Officer.
                                               toll-free numbers) or sending an email                  receive a month-to-month extension                    [FR Doc. 2017–26263 Filed 12–5–17; 8:45 am]
                                               to DOL_PRA_PUBLIC@dol.gov.                              while they undergo review. For                        BILLING CODE 4510–FP–P




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Document Created: 2017-12-06 00:21:45
Document Modified: 2017-12-06 00:21:45
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 of availability; request for comments.
DatesThe OMB will consider all written comments that agency receives on or before January 5, 2018.
ContactMichel Smyth by telephone at 202-693- 4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected]
FR Citation82 FR 57618 

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