Comment Request for Information Collection for Labor Condition Application and Instructions for H-1B, H-1B1, and E-3 Nonimmigrants; ETA Forms 9035, 9035E, 9035CP; and WHD Nonimmigrant Worker Information Form WH-4, Extension With Revisions, 40383-40384 [2012-16587]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 77, Number 131 (Monday, July 9, 2012)]
[Notices]
[Pages 40383-40384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16587]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Labor Condition 
Application and Instructions for H-1B, H-1B1, and E-3 Nonimmigrants; 
ETA Forms 9035, 9035E, 9035CP; and WHD Nonimmigrant Worker Information 
Form WH-4, Extension With Revisions

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department), as part of its 
continuing effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the public and Federal 
agencies with an opportunity to comment on the proposed and/or 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. 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 collection of 
data of the approved 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 (electronic version); Form ETA 
9035CP--General Instructions for the 9035 & 9035E; and Wage and Hour 
Division (WHD) Form WH-4--Nonimmigrant Worker Information Form, which 
expire on March 31, 2015. In order to meet its statutory 
responsibilities under the INA, the Department is revising the existing 
collection of information pertaining to employers seeking to apply for 
labor condition applications to allow them to bring foreign labor to 
the U.S. on a temporary basis. The Secretary uses the collected 
information to determine if employers are meeting their statutory and 
regulatory obligations.

DATES: Written comments must be submitted to the office listed in the 
addressees section below on or before September 7, 2012.

ADDRESSES: Submit written comments to William L. Carlson, Ph.D., 
Administrator, Office of Foreign Labor Certification, Room C-4312, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
693-3010 (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: 202-693-2768. Email: ETA.OFLC.Forms@dol.gov 
subject line: Revised Form 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 part 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.) for the purpose of performing 
professional work on a temporary basis unless the U.S. employer has 
attested to the Secretary of Labor (Secretary) that the working 
conditions for the alien will not adversely affect the working 
conditions of similarly employed U.S. workers; that the salary will be 
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 to that of the 
foreign worker for the specific employment in question- whichever is 
higher; 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 met all other requirements of the program as 
specified in the regulations. The Department's review of the 
attestations is limited to obvious errors and inaccuracies. The 
Department has revised the information collection instruments included 
in this information collection request to clarify certain elements of 
the information collection and enhance the integrity of the labor 
attestation process. 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 Department has proposed changes to this collection. As a result 
of recommendations from both the Government Accountability Office (GAO) 
and the Department's Office of the Inspector General (OIG), as well as 
sister agencies, the Department seeks to revise the scope of 
information collected in the context of H-1B, H-1B1 and E-3 
applications in order to enhance its integrity review for obvious 
errors, omissions and inaccuracies under 20 CFR 655.730(b). The revised 
collection will allow the Department to improve its integrity review 
and ensure the accuracy and completeness of the information.

 II. Review Focus

    The Department is particularly interested in comments which:
     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,

[[Page 40384]]

e.g., permitting electronic submissions of responses.

III. Current Actions

    Type of Review: Extension with revisions.
    Title(s): Labor Condition Application Nonimmigrants (H-1B, H-1B1 
and E-3 visa programs) and Nonimmigrant Worker Information Form.
    OMB Control Number: 1205-0310.
    Affected Public: Businesses or other for-profits, not-for-profits, 
States, local governments, and tribal governments.
    Form(s): Forms ETA 9035, ETA 9035E, ETA 9035CP and WHD Form WH-4.
    Total Annual Respondents: 77,425.
    Annual Frequency: On occasion.
    Total Annual Responses: 1,129,000.
    Average Time per Response: 25 minutes.
    Estimated Total Annual Burden Hours: 479,666.
    Total Annual Burden Cost for Respondents: $0.
    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.

    Signed at Washington, DC, on this 27th day of June 2012.
Jane Oates,
Assistant Secretary for Employment & Training
[FR Doc. 2012-16587 Filed 7-6-12; 8:45 am]
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