Agency Information Collection Activities; Comment Request; Extension Package for Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and Nonimmigrant Worker Information Form, 22457-22458 [2021-08813]

Download as PDF Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Notices 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The Federal Bureau of Investigation Uniform Crime Reporting Program’s Cargo Theft Incident Report Estimation: It is estimated the Cargo Theft Incident Report Estimation will generate 4,528 feedback responses per year with an estimated response time of five minutes per response. 6. An estimate of the total public burden (in hours) associated with the collection: There are approximately 378 hours, annual burden, associated with this information collection. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: April 23, 2021. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2021–08809 Filed 4–27–21; 8:45 am] BILLING CODE 4410–02–P DEPARTMENT OF JUSTICE [OMB Number 1125–0003] Agency Information Collection Activities; Proposed Collection Comments Requested; Fee Waiver Request Executive Office for Immigration Review, Department of Justice. ACTION: 30-Day notice. AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Overview of This Information Collection The Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register on March 4, 2021, allowing for a 60-day comment period. DATES: Comments are encouraged and will be accepted for an additional 30 days until May 28, 2021. FOR FURTHER INFORMATION CONTACT: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting SUMMARY: VerDate Sep<11>2014 19:17 Apr 27, 2021 Jkt 253001 ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. If you need a copy of the proposed information collection or additional information, please contact Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone: (703) 305–0289. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —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/or —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. 1. Type of Information Collection: Revision and extension of a currently approved collection. 2. The Title of the Form/Collection: Fee Waiver Request. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is EOIR–26A, Executive Office for Immigration Review, United States Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: An individual submitting an appeal or motion to the Board of Immigration Appeals. An individual submitting an application or motion to the Office of the Chief Immigration Judge. Other: Attorneys and qualified representatives representing an alien in immigration proceedings before EOIR. Abstract: The information on the fee waiver request form is used by the Board of PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 22457 Immigration Appeals and the Office of the Chief Immigration Judge to determine whether the requisite fee for an application, motion or appeal will be waived due to an individual’s financial situation. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 5,499 respondents will complete the form annually with an average of 1 hour per response. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated public burden associated with this collection is 5,499 hours. It is estimated that respondents will take 1 hour to complete the form. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405B, Washington, DC 20530. Dated: April 23, 2021. Melody D. Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2021–08807 Filed 4–27–21; 8:45 am] BILLING CODE 4410–30–P DEPARTMENT OF LABOR Employment and Training Administration Agency Information Collection Activities; Comment Request; Extension Package for Labor Condition Application for H–1B, H– 1B1, and E–3 Nonimmigrants and Nonimmigrant Worker Information Form Employment and Training Administration, Department of Labor. ACTION: Notice of information collection; request for comment. AGENCY: The Department of Labor’s (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled ‘‘Labor Condition Application for H–1B, H–1B1, and E–3 Nonimmigrants’’ and ‘‘Nonimmigrant Worker Information Form’’; and related information collection and retention requirements (OMB Control Number 1205–0310), which covers Form ETA–9035, Form ETA–9035E, Form ETA–9035 & 9035E Appendix A, Form ETA–9035CP, and Form WH–4. This action seeks an SUMMARY: E:\FR\FM\28APN1.SGM 28APN1 22458 Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Notices extension of the forms without changes. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). Consideration will be given to all written comments received by June 28, 2021. 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 for free by contacting Brian Pasternak, Administrator, Office of Foreign Labor Certification, by telephone at 202–693–8200 (this is not a toll-free number), TTY 1–877–889– 5627 (this is not a toll-free number), or by email at ETA.OFLC.Forms@dol.gov. Submit written comments about, or requests for a copy of, this ICR by email at ETA.OFLC.Forms@dol.gov. FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office of Foreign Labor Certification, by telephone at 202–693–8200 (this is not a toll-free number) or by email at ETA.OFLC.Forms@dol.gov. DATES: Authority: 44 U.S.C. 3506(c)(2)(A). DOL, in its continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the Office of Management and Budget (OMB) for final approval. This program ensures the public provides all necessary data in the desired format, the reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. This information collection is required under sections 212(n) and (t) and 214(c) of the Immigration and Nationality Act (INA) and 8 U.S.C. 1182(n) and (t), and 8 U.S.C.1184(c). DOL and the Department of Homeland Security have promulgated regulations to implement the INA’s requirements at 20 CFR 655 Subparts H and I, and 8 CFR 214.2(h)(4), respectively. The INA mandates that no H–1B, H–1B1 or E–3 temporary nonimmigrant worker may enter the United States (U.S.) to perform work in a specialty occupation or as a fashion model of distinguished merit and ability unless the U.S. employer makes certain attestations to the jbell on DSKJLSW7X2PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 19:17 Apr 27, 2021 Jkt 253001 Secretary of Labor (Secretary). The employer must attest that the working conditions for the nonimmigrant worker will not adversely affect the working conditions of similarly employed U.S. workers; that it will offer a wage that is at least the higher of the prevailing wage for the occupational classification in the area of employment or the actual wage paid to all other individuals with similar experience and qualifications for the specific employment in question; 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 it has provided notice of the filing of the LCA. In addition, further attestations are generally required for H–1B dependent employers and willful violators. The current ICR expires October 31, 2021. DOL seeks to extend, without changes, the validity of forms ETA–9035, ETA– 9035E, ETA–9035 & 9035E Appendix A, ETA–9035CP Instructions, and WH–4. 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 OMB, under the PRA, approves it and the collection tool 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. Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB control number 1205– 0310. Submitted comments will also be a matter of public record for this ICR and posted on the internet, without redaction. DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/ information in any comments. DOL 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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. Type of Review: Extension Without Changes. Title of Collection: Labor Condition Application for H–1B, H–1B1, and E–3 Non-immigrants; and Nonimmigrant Worker Information Form. Forms: ETA–9035, ETA–9035E, ETA– 9035 & 9035E Appendix A, ETA– 9035CP, and WH–4 OMB Control Number: 1205–0310. Affected Public: Individuals or Households; Private Sector (businesses or other for profits); Not-for-profit Institutions; Government, State, Local and Tribal Governments. Total Estimated Number of Annual Respondents: 141,040. Annual Frequency: On Occasion. Total Estimated Number of Annual Responses: 641,049. Estimated Time per Response: Varies by form. Total Estimated Annual Time Burden: 836,686 hours. Total Estimated Annual Other Costs Burden: $94,880. Suzan G. LeVine, Principal Deputy Assistant Secretary for Employment and Training, Labor. [FR Doc. 2021–08813 Filed 4–27–21; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2020–0001] STP Nuclear Operating Company; Grant of Permanent Variance Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: In this notice, OSHA grants a permanent variance to South Texas Project Nuclear Operating Company (STP Nuclear) from the OSHA standard that requires the isolation of permitrequired confined spaces. SUMMARY: E:\FR\FM\28APN1.SGM 28APN1

Agencies

[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Notices]
[Pages 22457-22458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08813]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Comment Request; 
Extension Package for Labor Condition Application for H-1B, H-1B1, and 
E-3 Nonimmigrants and Nonimmigrant Worker Information Form

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice of information collection; request for comment.

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

SUMMARY: The Department of Labor's (DOL) Employment and Training 
Administration (ETA) is soliciting comments concerning a proposed 
extension for the authority to conduct the information collection 
request (ICR) titled ``Labor Condition Application for H-1B, H-1B1, and 
E-3 Nonimmigrants'' and ``Nonimmigrant Worker Information Form''; and 
related information collection and retention requirements (OMB Control 
Number 1205-0310), which covers Form ETA-9035, Form ETA-9035E, Form 
ETA-9035 & 9035E Appendix A, Form ETA-9035CP, and Form WH-4. This 
action seeks an

[[Page 22458]]

extension of the forms without changes. This comment request is part of 
continuing Departmental efforts to reduce paperwork and respondent 
burden in accordance with the Paperwork Reduction Act of 1995 (PRA).

DATES: Consideration will be given to all written comments received by 
June 28, 2021.

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 for free by 
contacting Brian Pasternak, Administrator, Office of Foreign Labor 
Certification, by telephone at 202-693-8200 (this is not a toll-free 
number), TTY 1-877-889-5627 (this is not a toll-free number), or by 
email at [email protected].
    Submit written comments about, or requests for a copy of, this ICR 
by email at [email protected].

FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office 
of Foreign Labor Certification, by telephone at 202-693-8200 (this is 
not a toll-free number) or by email at [email protected].

    Authority: 44 U.S.C. 3506(c)(2)(A).

SUPPLEMENTARY INFORMATION: DOL, in its continuing efforts to reduce 
paperwork and respondent burden, conducts a pre-clearance consultation 
program to provide the general public and Federal agencies an 
opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the Office of Management and 
Budget (OMB) for final approval. This program ensures the public 
provides all necessary data in the desired format, the reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the impact of collection requirements can be 
properly assessed.
    This information collection is required under sections 212(n) and 
(t) and 214(c) of the Immigration and Nationality Act (INA) and 8 
U.S.C. 1182(n) and (t), and 8 U.S.C.1184(c). DOL and the Department of 
Homeland Security have promulgated regulations to implement the INA's 
requirements at 20 CFR 655 Subparts H and I, and 8 CFR 214.2(h)(4), 
respectively. The INA mandates that no H-1B, H-1B1 or E-3 temporary 
nonimmigrant worker may enter the United States (U.S.) to perform work 
in a specialty occupation or as a fashion model of distinguished merit 
and ability unless the U.S. employer makes certain attestations to the 
Secretary of Labor (Secretary). The employer must attest that the 
working conditions for the nonimmigrant worker will not adversely 
affect the working conditions of similarly employed U.S. workers; that 
it will offer a wage that is at least the higher of the prevailing wage 
for the occupational classification in the area of employment or the 
actual wage paid to all other individuals with similar experience and 
qualifications for the specific employment in question; 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 it has 
provided notice of the filing of the LCA. In addition, further 
attestations are generally required for H-1B dependent employers and 
willful violators. The current ICR expires October 31, 2021. DOL seeks 
to extend, without changes, the validity of forms ETA-9035, ETA-9035E, 
ETA-9035 & 9035E Appendix A, ETA-9035CP Instructions, and WH-4.
    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 OMB, under the PRA, approves it and the collection 
tool 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.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Comments must be written to 
receive consideration, and they will be summarized and included in the 
request for OMB approval of the final ICR. In order to help ensure 
appropriate consideration, comments should mention OMB control number 
1205-0310.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    DOL 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.
    Type of Review: Extension Without Changes.
    Title of Collection: Labor Condition Application for H-1B, H-1B1, 
and E-3 Non-immigrants; and Nonimmigrant Worker Information Form.
    Forms: ETA-9035, ETA-9035E, ETA-9035 & 9035E Appendix A, ETA-
9035CP, and WH-4
    OMB Control Number: 1205-0310.
    Affected Public: Individuals or Households; Private Sector 
(businesses or other for profits); Not-for-profit Institutions; 
Government, State, Local and Tribal Governments.
    Total Estimated Number of Annual Respondents: 141,040.
    Annual Frequency: On Occasion.
    Total Estimated Number of Annual Responses: 641,049.
    Estimated Time per Response: Varies by form.
    Total Estimated Annual Time Burden: 836,686 hours.
    Total Estimated Annual Other Costs Burden: $94,880.

Suzan G. LeVine,
Principal Deputy Assistant Secretary for Employment and Training, 
Labor.
[FR Doc. 2021-08813 Filed 4-27-21; 8:45 am]
BILLING CODE 4510-FP-P