83 FR 24141 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 83, Issue 101 (May 24, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 101 (May 24, 2018)
| Page Range | 24141-24142 | |
| FR Document | 2018-11137 |
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)] [Notices] [Pages 24141-24142] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11137] ======================================================================= ----------------------------------------------------------------------- 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 Nonimmigrants ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL or Department) is submitting the Employment and Training Administration (ETA) sponsored Information Collection Request (ICR) revision, titled, ``Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants,'' to the Office of Management and Budget (OMB) for review and approval for use 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 June 25, 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 website at: http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201805-1205-001 (this link will only become active on the day following publication of this notice); by contacting Michel Smyth at 202-693-4129/TTY 202-693-8064 (these are not toll-free numbers); or by sending an email to: DOL_PRA_PUBLIC@dol.gov. 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: OIRA_submission@omb.eop.gov. 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: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693- 4129, TTY 202-693-8064 (these are not toll-free numbers); or by sending an email to: DOL_PRA_PUBLIC@dol.gov. [[Page 24142]] SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for revisions to the Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants information collection. More specifically, the Department is proposing changes to Form ETA-9035, Labor Condition Application for Nonimmigrant Workers, the Labor Condition Application (LCA) for H-1B, H-1B1, and E-3 Nonimmigrants; Form WH-4, Nonimmigrant Worker Information Form; and all applicable instructions and electronic versions. The LCA is used in the DOL employment-based temporary immigration program by employers to request permission to bring foreign workers to the United States as nonimmigrants to perform certain work in specialty occupations or as fashion models of distinguished merit and ability. The information collected on Form ETA-9035/9035E 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 has promulgated regulations to implement the INA. Specifically for this collection, regulations 20 CFR 655 subparts H and I are applicable. The INA mandates that no foreign worker may enter the United States for the purpose of performing professional work on a temporary basis unless the employer makes certain attestations to the Secretary of Labor (Secretary). 8 U.S.C. 1182(n)(1). Those attestations are as follows: (1) The employer will offer a wage that is 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 greater; (2) the working conditions for the nonimmigrant worker will not adversely affect the working conditions of similarly employed U.S. workers; (3) there is no strike or lockout in the course of a labor dispute in the occupational classification at the place of employment; and (4) the employer has provided notice of the filing of the LCA. Id. In addition, further attestations are generally required for H-1B dependent employers and employers who have been found to have willfully violated the statute. Id. Form WH-4 is used to request that the Wage and Hour Division (WHD) initiate an investigation related to alleged violations of H-1B, H-1B1, and E-3 program requirements. This ICR has been classified as a revision, because of changes to Forms ETA-9035/9035E and WH-4. The Department has determined that additional information is required to be collected through Form ETA-9035/9035E; this enhanced data collection will allow the Department to better track employer usage of the program and provide greater transparency to the public with respect to the employment of H-1B, H-1B1, and E-3 nonimmigrant workers in the United States. With respect to Form WH-4, the Department is modifying naming conventions for certain data fields, to align them better with current Departmental data systems, and reformatting the form to enhance usability and understanding. In addition, the forms have been made more accessible for persons with disabilities. 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 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1205-0310. The current approval is scheduled to expire on May 31, 2018; however, the DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the Federal Register on August 3, 2017, 82 FR 36158. 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 the publication of this notice in the Federal Register. 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; 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. This ICR may be summarized as follows: Agency: DOL-ETA. Title of Collection: Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants. OMB Control Number: 1205-0310. Affected Public: Private Sector--business or other for-profits and not-for-profit institutions; State, Local, and Tribal Governments; and Individuals or Households. Total Estimated Number of Annual Respondents: 680,411. Total Estimated Number of Annual Responses: 694,215. Total Estimated Annual Time Burden: 898,212 hours. Total Estimated Annual Other Costs Burden: $906,960. Authority: 44 U.S.C. 3507(a)(1)(D). Dated: May 18, 2018. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2018-11137 Filed 5-23-18; 8:45 am] BILLING CODE 4510-FP-P
![Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices 24141
DEPARTMENT OF JUSTICE appropriate automated, electronic, DEPARTMENT OF LABOR
mechanical, or other technological
[OMB Number 1105—NEW] Office of the Secretary
collection techniques or other forms
Agency Information Collection of information technology, e.g.,
Agency Information Collection
Activities; Proposed eCollection permitting electronic submission of
Activities; Submission for OMB
eComments Requested; New responses.
Review; Comment Request; Labor
Collection Overview of This Information Condition Application for H–1B, H–
AGENCY: Office of the Chief Information Collection 1B1, and E–3 Nonimmigrants
Officer, Department of Justice.
1. Type of Information Collection: ACTION:Notice of availability; request
ACTION: 30-Day notice.
New Collection. for comments.
SUMMARY: The Department of Justice, 2. The Title of the Form/Collection:
Office of the Chief Information Officer, SUMMARY: The Department of Labor
Tribal Access Program Application. (DOL or Department) is submitting the
is submitting the following information
3. The agency form number, if any, Employment and Training
collection request to the Office of
Management and Budget (OMB) for and the applicable component of the Administration (ETA) sponsored
review and approval in accordance with Department sponsoring the collection: Information Collection Request (ICR)
the Paperwork Reduction Act of 1995. There is no agency form number for this revision, titled, ‘‘Labor Condition
collection. The applicable component Application for H–1B, H–1B1, and E–3
DATES: The Department of Justice
within the Department of Justice is Nonimmigrants,’’ to the Office of
encourages public comment and will
Office of the Chief Information Officer. Management and Budget (OMB) for
accept input until June 25, 2018.
review and approval for use in
FOR FURTHER INFORMATION CONTACT: If 4. Affected public who will be asked
accordance with the Paperwork
you have additional comments or required to respond, as well as a brief
Reduction Act (PRA) of 1995. Public
especially on the estimated public abstract: Tribal Governments. The U.S.
comments on the ICR are invited.
burden or associated response time, Department of Justice (DOJ) launched
the Tribal Access Program for National DATES: The OMB will consider all
suggestions, or need a copy of the
proposed information collection Crime Information (TAP) provide tribes written comments that agency receives
instrument with instructions or access to national crime information on or before June 25, 2018.
additional information, please contact systems for both civil and criminal ADDRESSES: A copy of this ICR with
Jenna Dee, Project Manager, Justice purposes. DOJ has developed an applicable supporting documentation;
Management Division, Office of the application for use by federally including a description of the likely
Chief Information Officer, 145 N Street recognized tribes interested in respondents, proposed frequency of
NE, Room 3W 1405A, Washington, DC participating in TAP. response, and estimated total burden,
20002 (Phone 202–598–0345). Written may be obtained free of charge from the
comments and/or suggestions can also 5. An estimate of the total number of RegInfo.gov website at: http://
be directed to the Office of Management respondents and the amount of time www.reginfo.gov/public/do/PRAView
and Budget, Office of Information and estimated for an average respondent to ICR?ref_nbr=201805-1205-001 (this link
Regulatory Affairs, Attention respond: An estimated 50 respondents will only become active on the day
Department of Justice Desk Officer, at 60 minutes each. following publication of this notice); by
Washington, DC 20503 or sent to OIRA_ 6. An estimate of the total public contacting Michel Smyth at 202–693–
submissions@omb.eop.gov. burden (in hours) associated with the 4129/TTY 202–693–8064 (these are not
SUPPLEMENTARY INFORMATION: Written collection: An estimated 50 burden toll-free numbers); or by sending an
comments and suggestions from the hours. email to: DOL_PRA_PUBLIC@dol.gov.
public and affected agencies concerning Submit comments about this request
If additional information is required by mail to the Office of Information and
the proposed collection of information contact: Melody Braswell, Department
are encouraged. Your comments should Regulatory Affairs, Attn: OMB Desk
Clearance Officer, United States Officer for DOL–ETA, Office of
address one or more of the following
Department of Justice, Justice Management and Budget, Room 10235,
four points:
Management Division, Policy and 725 17th Street NW, Washington, DC
—Evaluate whether the proposed Planning Staff, Two Constitution
collection of information is necessary 20503; by Fax: 202–395–5806 (this is
Square, 145 N Street NE, 3E.405A, not a toll-free number); or by email:
for the proper performance of the
Washington, DC 20530. OIRA_submission@omb.eop.gov.
functions of the Office of the Chief
Information Officer, including Dated: May 21, 2018. Commenters are encouraged, but not
whether the information will have Melody Braswell,
required, to send a courtesy copy of any
practical utility; comments by mail or courier to the U.S.
Department Clearance Officer for PRA, U.S.
—Evaluate the accuracy of the agency’s Department of Labor—OASAM, Office
Department of Justice.
estimate of the burden of the of the Chief Information Officer, Attn:
[FR Doc. 2018–11111 Filed 5–23–18; 8:45 am]
proposed collection of information, Departmental Information Compliance
including the validity of the
BILLING CODE 4410–CJ–P Management Program, Room N1301,
200 Constitution Avenue NW,
sradovich on DSK3GMQ082PROD with NOTICES
methodology and assumptions used;
—Evaluate whether and if so how the Washington, DC 20210; or by email:
quality, utility, and clarity of the DOL_PRA_PUBLIC@dol.gov.
information to be collected can be FOR FURTHER INFORMATION CONTACT:
enhanced; and Michel Smyth by telephone at 202–693–
—Minimize the burden of the collection 4129, TTY 202–693–8064 (these are not
of information on those who are to toll-free numbers); or by sending an
respond, including through the use of email to: DOL_PRA_PUBLIC@dol.gov.
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![24142 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices
SUPPLEMENTARY INFORMATION: This ICR Department has determined that including the validity of the
seeks approval under the PRA for additional information is required to be methodology and assumptions used;
revisions to the Labor Condition collected through Form ETA–9035/ • Enhance the quality, utility, and
Application for H–1B, H–1B1, and E–3 9035E; this enhanced data collection clarity of the information to be
Nonimmigrants information collection. will allow the Department to better track collected; and
More specifically, the Department is employer usage of the program and • Minimize the burden of the
proposing changes to Form ETA–9035, provide greater transparency to the collection of information on those who
Labor Condition Application for public with respect to the employment are to respond, including through the
Nonimmigrant Workers, the Labor of H–1B, H–1B1, and E–3 nonimmigrant use of appropriate automated,
Condition Application (LCA) for H–1B, workers in the United States. With electronic, mechanical, or other
H–1B1, and E–3 Nonimmigrants; Form respect to Form WH–4, the Department technological collection techniques or
WH–4, Nonimmigrant Worker is modifying naming conventions for other forms of information technology,
Information Form; and all applicable certain data fields, to align them better e.g., permitting electronic submission of
instructions and electronic versions. with current Departmental data systems, responses.
The LCA is used in the DOL and reformatting the form to enhance This ICR may be summarized as
employment-based temporary usability and understanding. In follows:
immigration program by employers to addition, the forms have been made Agency: DOL–ETA.
request permission to bring foreign more accessible for persons with Title of Collection: Labor Condition
workers to the United States as disabilities. Application for H–1B, H–1B1, and E–3
nonimmigrants to perform certain work This information collection is subject Nonimmigrants.
to the PRA. A Federal agency generally OMB Control Number: 1205–0310.
in specialty occupations or as fashion
cannot conduct or sponsor a collection Affected Public: Private Sector—
models of distinguished merit and
of information, and the public is business or other for-profits and not-for-
ability. The information collected on
generally not required to respond to an profit institutions; State, Local, and
Form ETA–9035/9035E is required by
information collection, unless it is Tribal Governments; and Individuals or
sections 212(n) and (t) and 214(c) of the
approved by the OMB under the PRA Households.
Immigration and Nationality Act (INA) Total Estimated Number of Annual
(8 U.S.C. 1182(n) and (t), and 1184(c)). and displays a currently valid OMB
Control Number. In addition, Respondents: 680,411.
The Department has promulgated Total Estimated Number of Annual
regulations to implement the INA. notwithstanding any other provisions of
Responses: 694,215.
Specifically for this collection, law, no person shall generally be subject
Total Estimated Annual Time Burden:
regulations 20 CFR 655 subparts H and to penalty for failing to comply with a
898,212 hours.
I are applicable. The INA mandates that collection of information that does not Total Estimated Annual Other Costs
no foreign worker may enter the United display a valid Control Number. See 5 Burden: $906,960.
States for the purpose of performing CFR 1320.6. The DOL obtains OMB
approval for this information collection Authority: 44 U.S.C. 3507(a)(1)(D).
professional work on a temporary basis
unless the employer makes certain under Control Number 1205–0310. The Dated: May 18, 2018.
attestations to the Secretary of Labor current approval is scheduled to expire Michel Smyth,
(Secretary). 8 U.S.C. 1182(n)(1). Those on May 31, 2018; however, the DOL Departmental Clearance Officer.
attestations are as follows: (1) The notes that existing information [FR Doc. 2018–11137 Filed 5–23–18; 8:45 am]
employer will offer a wage that is at collection requirements submitted to the BILLING CODE 4510–FP–P
least the prevailing wage for the OMB receive a month-to-month
occupational classification in the area of extension while they undergo review.
employment or the actual wage paid by New requirements would only take
POSTAL SERVICE
the employer to all other individuals effect upon OMB approval. For
with similar experience and additional substantive information Product Change—First-Class Package
qualifications for the specific about this ICR, see the related notice Service Negotiated Service Agreement
employment in question, whichever is published in the Federal Register on
greater; (2) the working conditions for August 3, 2017, 82 FR 36158. AGENCY: Postal Service®.
the nonimmigrant worker will not Interested parties are encouraged to ACTION: Notice.
adversely affect the working conditions send comments to the OMB, Office of
Information and Regulatory Affairs, at SUMMARY: The Postal Service gives
of similarly employed U.S. workers; (3)
the address shown in the ADDRESSES notice of filing a request with the Postal
there is no strike or lockout in the
section within thirty (30) days of the Regulatory Commission to add a
course of a labor dispute in the
publication of this notice in the Federal domestic shipping services contract to
occupational classification at the place
Register. In order to help ensure the list of Negotiated Service
of employment; and (4) the employer
appropriate consideration, comments Agreements in the Mail Classification
has provided notice of the filing of the
should mention OMB Control Number Schedule’s Competitive Products List.
LCA. Id. In addition, further attestations
are generally required for H–1B 1205–0310. The OMB is particularly DATES: Date of required notice: May 24,
dependent employers and employers interested in comments that: 2018.
who have been found to have willfully • Evaluate whether the proposed FOR FURTHER INFORMATION CONTACT:
violated the statute. Id. Form WH–4 is collection of information is necessary Maria W. Votsch, 202–268–6525.
sradovich on DSK3GMQ082PROD with NOTICES
used to request that the Wage and Hour for the proper performance of the SUPPLEMENTARY INFORMATION: The
Division (WHD) initiate an investigation functions of the agency, including United States Postal Service hereby
related to alleged violations of H–1B, H– whether the information will have gives notice that, pursuant to 39 U.S.C.
1B1, and E–3 program requirements. practical utility; 3642 and 3632(b)(3), on May 21, 2018,
This ICR has been classified as a • Evaluate the accuracy of the it filed with the Postal Regulatory
revision, because of changes to Forms agency’s estimate of the burden of the Commission a USPS Request to Add
ETA–9035/9035E and WH–4. The proposed collection of information, First-Class Package Service Contract 93
VerDate Sep<11>2014 18:10 May 23, 2018 Jkt 244001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1](https://thefederalregister.org/doc/83_FR_24242/page/2.svg)
Document Created: 2018-05-24 00:05:06
Document Modified: 2018-05-24 00:05:06
| 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 of availability; request for comments. | |
| Dates | The OMB will consider all written comments that agency receives on or before June 25, 2018. | |
| Contact | Michel Smyth by telephone at 202-693- 4129, TTY 202-693-8064 (these are not toll-free numbers); or by sending an email to: [email protected] | |
| FR Citation | 83 FR 24141 |
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