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)

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.

[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]


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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 Nonimmigrants

ACTION: Notice of availability; request for comments.

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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: [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 by sending 
an email to: [email protected].

[[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