Proposed Information Collection Request Submitted for Public Comment and Recommendations; Labor Condition Application for Nonimmigrant Workers, 49317-49318 [05-16691]

Download as PDF Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Notices section VI(c)(1)) will be deemed to satisfy the requirements of this section VI(o) if the requirements of Part V are met. (p) Exemption Audit. An ‘‘exemption audit’’ of a plan must consist of the following: (1) A review of the written policies and procedures adopted by the QPAM pursuant to section V(b) for consistency with each of the objective requirements of this proposed exemption (as described in section VI(q)). (2) A test of a representative sample of the plan’s transactions in order to make findings regarding whether the QPAM is in compliance with (i) the written policies and procedures adopted by the QPAM pursuant to section VI(q) of the exemption and (ii) the objective requirements of the exemption. (3) A determination as to whether the QPAM has satisfied the definition of an QPAM under the exemption; and (4) Issuance of a written report describing the steps performed by the auditor during the course of its review and the auditor’s findings. (q) For purposes of section VI(p), the written policies and procedures must describe the following objective requirements of the exemption and the steps adopted by the QPAM to assure compliance with each of these requirements: (1) The definition of a QPAM in section V(a). (2) The requirement of sections V(a) and I(c) regarding the discretionary authority or control of the QPAM with respect to the plan assets involved in the transaction, in negotiating the terms of the transaction and with respect to the decision on behalf of the investment fund to enter into the transaction. (3) For a transaction described in Part I: (A) That the transaction is not entered into with any person who is excluded from relief under section I(a), section I(d), or section I(e), (B) That the transaction is not described in any of the class exemptions listed in section I(b), (4) If the transaction is described in section III, (i) That the amount of space covered by the lease does not exceed the limitations described in section III(a); and (ii) That no commission or other fee is paid by the investment fund as described in section III(d). VerDate Aug<18>2005 15:03 Aug 22, 2005 Jkt 205001 Signed at Washington, DC, this 11th day of August, 2005. Ivan L. Strasfeld, Director, Office of Exemption Determinations, Employee Benefits Security Administration, Department of Labor. [FR Doc. 05–16681 Filed 8–22–05; 8:45 am] BILLING CODE 4510–29–P DEPARTMENT OF LABOR Employment and Training Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations; Labor Condition Application for Nonimmigrant Workers ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general 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 (PRA95) (44 U.S.C. 3506(c)(A)). This program helps to 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, the Employment and Training Administration (ETA), Office of National Programs is soliciting comments concerning the proposed extension of the collection for ETA form 9035—Labor Condition Application for Nonimmigrant Workers. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice. DATES: Written comments must be submitted to the office listed in the addressee’s section below on or before October 24, 2005. ADDRESSES: William L. Carlson, Chief, Division of Foreign Labor Certification, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C– 4312, Washington, DC 20210. Mr. Carlson may be reached at (202) 693– 3010; this is not a toll-free number. FOR FURTHER INFORMATION CONTACT: Gregory Wilson, Program Analyst, Division of Foreign Labor Certification, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C– PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 49317 4312, Washington, DC 20210. Mr. Wilson may also be reached at (202) 693–3010; this is not a toll-free number. SUPPLEMENTARY INFORMATION: I. Background The Immigration and Naturalization Act (INA) requires that before any foreign worker may be admitted or otherwise provided status as an H–1B, H–1B1, or E–3 nonimmigrant the prospective employer must have filed with the Department of Labor (Department) a Labor Condition Application (LCA). Employers must state on the LCA that they will offer prevailing wages and working conditions, that there is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment, and that they have provided notice of filing in conspicuous locations at the place of employment. Further, the employer must make certain documentation available for public examination. The Department’s review of each LCA filed is limited by law solely to a review for completeness or ‘‘obvious inaccuracies.’’ Complaints may be filed with the Department alleging a violation of the LCA process. If reasonable cause is found to believe a violation has been committed, the Department will conduct an investigation and, if appropriate, assess penalties. The INA places a limit on the number of foreign workers who can be admitted to the United States on H–1B, H–1B1, or E–3 visas. The INA generally limits H–1B workers to a maximum of a six-year duration of stay under H–1B status, although extensions are permitted for certain foreign workers on whose behalf a labor certification or employmentbased immigrant petition has been pending for 365 days or more. The INA requires that the Department make available for public examination in Washington, DC, a list of employers which have filed LCAs. II. Review Focus Currently, the Department is soliciting comments concerning the proposed extension of the collection for ETA form 9035—Labor Condition Application for Nonimmigrant Workers. The Department is particularly interested in comments which: • Evaluate whether the proposed information collection 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 E:\FR\FM\23AUN1.SGM 23AUN1 49318 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Notices 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, e.g., permitting electronic submissions of responses. A copy of the proposed ICR can be obtained by contacting the office listed above in the addressee section of this notice. III. Current Actions Type of Review: Extension with change. Agency: Employment and Training Administration, Labor. Title: Labor Condition Application for Nonimmigrant Workers. OMB Number: 1205–0310. Affected Public: Businesses or other for-profit institutions; Federal government; State, local, or tribal government. Form: ETA 9035. Total Respondents: 200,000. Frequency of Response: On occasion. Total Responses: 325,200. Average Burden Hours per Response: 45 minutes. Estimate Total Annual Burden Hours: 279,170. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the ICR; they will also become a matter of public record. Dated: August 17, 2005. Emily Stover DeRocco, Assistant Secretary, Employment and Training Administration. [FR Doc. 05–16691 Filed 8–22–05; 8:45 am] BILLING CODE 4510–30–M ‘‘National Aeronautics and Space Administration Foreign National Management System.’’ This system of records is to document, track, manage, analyze, and/or report on foreign access to NASA resources. Routine uses of this system of records will be to determine eligibility of foreign nationals, and U.S. citizens representing foreign entities, to access NASA facilities and resources. The records in this system of records are intended for the sole use of the U.S. Government and its contractors who support U.S. Government operations, policies, laws and regulations. DATES: Submit comments 60 calendar days from the date of this publication. ADDRESSES: Patti F. Stockman, Privacy Act Officer, Office of the Chief Information Officer, National Aeronautics and Space Administration Headquarters, Washington, DC 20546– 0001, (202) 358–4787. FOR FURTHER INFORMATION CONTACT: Patti F. Stockman, Privacy Act Officer, Office of the Chief Information Officer, National Aeronautics and Space Administration Headquarters, Washington, DC 20546–0001, (202) 358– 4787. SUPPLEMENTARY INFORMATION: This publication is in accordance with the Privacy Act requirement that agencies publish each system of records in the Federal Register. Pursuant to Section 208 of the E-Government Act of 2002, NASA has conducted a Privacy Impact Assessment (PIA). A copy of the PIA can be obtained by contacting the NASA Privacy Act Officer at the address listed above. Authorization as an Information Collection under the Paperwork Reduction Act is being sought from OMB and will be noticed as a separate submission. NASA 10 FNMS SYSTEM NAME: National Aeronautics and Space Administration Foreign National Management System. SECURITY CLASSIFICATION: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION None. SYSTEM LOCATION: [Notice 05–129] Privacy Act of 1974; Privacy Act System of Records National Aeronautics and Space Administration (NASA). ACTION: Notice of Privacy Act system of records. The centralized data system is located at the Extranet Security Portals Group, 1225 Clark Street, Suite 1103, Arlington, VA 22202. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: AGENCY: SUMMARY: The National Aeronautics and Space Administration proposes to establish a system of records titled VerDate Aug<18>2005 15:03 Aug 22, 2005 Jkt 205001 All non-U.S. citizens, to include Lawful Permanent Residents seeking access to NASA facilities, resources, laboratories, contractor sites, Federally Funded Research and Development PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 Centers or NASA sponsored events for unclassified purposes to include employees of NASA or NASA contractors; prospective NASA or NASA contractor employees; employees of other U.S. Government agencies or their contractors of universities, of companies (professional or service staff), or of other institutions; foreign students at U.S. institutions; officials or other persons employed by foreign governments or other foreign institutions who may or may not be involved in cooperation with NASA under international agreements; permanent resident aliens; foreign media representatives; and representatives or agents of foreign national governments seeking access to NASA facilities, to include high-level protocol visits; or international relations. CATEGORIES OF RECORDS IN THE SYSTEM: Records in this system include information about the individuals seeking access to NASA resources. Information about an individual may include, but is not limited to: name, home address, place of birth and citizenship, U.S. visitor/travel document numbers, employment information, Tax Identification Numbers (Social Security Number), and reason and length of proposed NASA access. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Section 304(a) of the National Aeronautics and Space Act, codified at 42 U.S.C. § 2455; Federal Property Management Regulation, 41 CFR Ch. 101; 14 CFR parts 1203 through 1203b; 14 CFR 1213; 15 CFR 744; 22 CFR 62; 22 CFR 120–130; 40 U.S.C. 1441, and 44 U.S.C. 3101, and Executive Order 9397. PURPOSE(S): Records are maintained and used by NASA to document, track, manage, analyze, and/or report on foreign visit and assignment access to NASA facilities including Headquarters, Field Offices, National Laboratories, Federally Funded Research and Development Centers, Contractor Sites, components facilities (NASA Management Office, Wallops Flight Facility, White Sands Test Facility, White Sands Complex, Independent Validation & Verification Facility, Michoud Assembly Center, Moffett Federal Airfield, Goldstone Deep Space Communications Complex, Goddard Institute for Space Studies, National Scientific Balloon Facility, Plum Brook Station). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES 1. A record from this system may be disclosed to authorized contractors who E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Notices]
[Pages 49317-49318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16691]


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DEPARTMENT OF LABOR

Employment and Training Administration


Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Labor Condition Application for 
Nonimmigrant Workers

ACTION: Notice.

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

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general 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 (PRA95) (44 U.S.C. 3506(c)(A)). This program helps to 
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, the Employment and Training Administration (ETA), Office of 
National Programs is soliciting comments concerning the proposed 
extension of the collection for ETA form 9035--Labor Condition 
Application for Nonimmigrant Workers. A copy of the proposed 
Information Collection Request (ICR) can be obtained by contacting the 
office listed below in the addressee section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee's section below on or before October 24, 2005.

ADDRESSES: William L. Carlson, Chief, Division of Foreign Labor 
Certification, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room C-4312, Washington, DC 20210. Mr. Carlson may be reached at (202) 
693-3010; this is not a toll-free number.

FOR FURTHER INFORMATION CONTACT: Gregory Wilson, Program Analyst, 
Division of Foreign Labor Certification, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room C-4312, Washington, DC 20210. Mr. Wilson 
may also be reached at (202) 693-3010; this is not a toll-free number.

SUPPLEMENTARY INFORMATION:

I. Background

    The Immigration and Naturalization Act (INA) requires that before 
any foreign worker may be admitted or otherwise provided status as an 
H-1B, H-1B1, or E-3 nonimmigrant the prospective employer must have 
filed with the Department of Labor (Department) a Labor Condition 
Application (LCA). Employers must state on the LCA that they will offer 
prevailing wages and working conditions, that there is not a strike or 
lockout in the course of a labor dispute in the occupational 
classification at the place of employment, and that they have provided 
notice of filing in conspicuous locations at the place of employment. 
Further, the employer must make certain documentation available for 
public examination. The Department's review of each LCA filed is 
limited by law solely to a review for completeness or ``obvious 
inaccuracies.'' Complaints may be filed with the Department alleging a 
violation of the LCA process. If reasonable cause is found to believe a 
violation has been committed, the Department will conduct an 
investigation and, if appropriate, assess penalties. The INA places a 
limit on the number of foreign workers who can be admitted to the 
United States on H-1B, H-1B1, or E-3 visas. The INA generally limits H-
1B workers to a maximum of a six-year duration of stay under H-1B 
status, although extensions are permitted for certain foreign workers 
on whose behalf a labor certification or employment-based immigrant 
petition has been pending for 365 days or more. The INA requires that 
the Department make available for public examination in Washington, DC, 
a list of employers which have filed LCAs.

II. Review Focus

    Currently, the Department is soliciting comments concerning the 
proposed extension of the collection for ETA form 9035--Labor Condition 
Application for Nonimmigrant Workers. The Department is particularly 
interested in comments which:
     Evaluate whether the proposed information collection 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

[[Page 49318]]

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, e.g., permitting electronic 
submissions of responses.
    A copy of the proposed ICR can be obtained by contacting the office 
listed above in the addressee section of this notice.

III. Current Actions

    Type of Review: Extension with change.
    Agency: Employment and Training Administration, Labor.
    Title: Labor Condition Application for Nonimmigrant Workers.
    OMB Number: 1205-0310.
    Affected Public: Businesses or other for-profit institutions; 
Federal government; State, local, or tribal government.
    Form: ETA 9035.
    Total Respondents: 200,000.
    Frequency of Response: On occasion.
    Total Responses: 325,200.
    Average Burden Hours per Response: 45 minutes.
    Estimate Total Annual Burden Hours: 279,170.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the ICR; they will also become a matter of public record.

    Dated: August 17, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 05-16691 Filed 8-22-05; 8:45 am]
BILLING CODE 4510-30-M