Update to Appendix A to the Preamble-Education and Training Categories by ONET-SOC Occupations; Labor Certification for Permanent Employment of Immigrants in the United States and Procedures To Establish Job Zone Values When ONET Job Zone Data Are Unavailable, 63070-63073 [2021-24813]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 63070 Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices and Nationality Act, the Department must request information from employers seeking to hire and import foreign labor. The Department uses the information collected to determine whether employers engaged in herding or production of livestock on the range, including the care, husbandry, and herding of sheep, cattle, goats, horses, and other domestic hooved animals, have met their obligations under Federal law. See 20 CFR 655.200, et seq. This ICR pertains to program obligations for employers seeking to hire foreign temporary agricultural workers for job opportunities in herding or production of livestock on the range. Among the issues addressed through this ICR are timekeeping requirements of employers. See 20 CFR 655.210(f). In order to determine eligibility for the program based on the daily amount of work performed on the range, this ICR requires employers to note whether employees spend days on the ranch or on the range. This ICR also requires employers to record the reason for the worker’s absence where the employer chooses to prorate the required wage. See 20 CFR 655.210(f)(2), (g)(2). The information retained and recorded will enable the employer and the Department, if necessary, to determine whether the worker performed work on the range at least fifty percent of the days during the contract period. 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– 0519. 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, VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 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. Action: Extension Without Changes. Title of Collection: H–2A Sheepherder Recordkeeping Requirement. OMB Control Number: 1205–0519. Affected Public: Private Sector. Form(s): None. Total Estimated Number of Annual Respondents: 968. Frequency: Weekly (52 weeks). Total Estimated Annual Responses: 50,336. Average Time per Response: 6 minutes. Total Estimated Annual Time Burden: 5,034. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). Angela Hanks, Acting Assistant Secretary for Employment and Training, Labor. [FR Doc. 2021–24812 Filed 11–12–21; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR Update to Appendix A to the Preamble—Education and Training Categories by O*NET—SOC Occupations; Labor Certification for Permanent Employment of Immigrants in the United States and Procedures To Establish Job Zone Values When O*NET Job Zone Data Are Unavailable Employment and Training Administration, Department of Labor. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 Notice. The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce updates to Appendix A to the Preamble– Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations. Appendix A is a list of professional occupations that serves as a guide for employers to distinguish between professional and non-professional occupations in order to comply with the professional recruitment requirements of the permanent labor certification (PERM) program. In addition, this notice announces standard procedures for establishing Job Zones for a SOC code and occupational title in situations where O*NET Job Zone data are not yet available as O*NET transitions to the 2018 SOC system. These actions, updating Appendix A and establishing standard procedures for Job Zone values where O*NET Job Zone data are unavailable for certain occupations, will allow ETA to maintain a more comprehensive and current list of occupations and provide additional clarity to employers and the public regarding the appropriate education requirements and Job Zone value for each SOC code and occupational title. DATES: This Notice is effective on November 15, 2021. FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue NW, Room N– 5311, Washington, DC 20210, Telephone: (202) 693–8200 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY/TDD by calling the toll-free Federal Information Relay Service at 1 (877) 889–5627. SUPPLEMENTARY INFORMATION: SUMMARY: I. Statutory Background Employment and Training Administration AGENCY: ACTION: The Immigration and Nationality Act (INA), as amended, assigns responsibilities to the Secretary of Labor (Secretary) relating to the entry and employment of certain categories of immigrants and nonimmigrants. The INA prohibits the admission of certain employment-based immigrants unless the Secretary has certified that (1) there are not sufficient workers who are able, willing, qualified and available at the time of application for a visa and admission to the United States and at E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices the place where the foreign worker is to perform such skilled or unskilled labor, and (2) the employment of such foreign worker will not adversely affect the wages and working conditions of workers in the United States similarly employed.1 The Secretary has delegated the responsibilities under the INA to administer the PERM program at 20 CFR part 656 to the Assistant Secretary for ETA, who in turn has delegated that authority to OFLC.2 II. Appendix A A. Origin and Purpose of Appendix A khammond on DSKJM1Z7X2PROD with NOTICES On December 27, 2004, the Department published the Final Rule, Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System, 69 FR 77326 (December 27, 2004) (Final Rule), revising the regulations at 20 CFR part 656. The Final Rule requires employers to conduct recruitment of U.S. workers before filing their applications under the PERM program and introduced different recruitment requirements for non-professional occupations and professional occupations.3 In the preamble to the Final Rule, the Department included an appendix titled Appendix A, which listed O*NET occupations using BLS 2000 SOC codes and titles for which a bachelor’s or higher degree is a customary requirement, and for which the employer must recruit under the standards for professional occupations under 20 CFR 656.17(e)(1). The Department explained that the list was intended to identify professional occupations the Department considered appropriate for recruiting under the standards for professional occupations and offered the list as a guide for 1 See 8 U.S.C. 1182(a)(5)(A); 8 U.S.C. 1101(a)(15)(E)(iii), (H)(i)(b), (H)(i)(b)(1). 2 See Secretary’s Order 06–2010 (Oct. 20, 2010). 3 The term ‘‘professional occupation’’ is defined as ‘‘an occupation for which the attainment of a bachelor’s or higher degree is a usual education requirement.’’ 20 CFR 656.3 (emphasis added). As explained in the Final Rule, and codified at 20 CFR 656.3, it is not a requirement that the foreign worker-beneficiary listed on an application possess a bachelor’s or higher degree themselves for the job opportunity to meet the definition of a professional occupation. Id.; 69 FR 77326, 77345–46 (Dec. 27, 2004). However, if an employer is willing to accept work experience in lieu of a bachelor’s or higher degree, such work experience ‘‘must be attainable in the U.S. labor market and must be stated on the application form.’’ 20 CFR 656.3. Similarly, if an equivalent foreign degree is acceptable, this also ‘‘must be clearly stated on the Application for Permanent Employment Certification form.’’ Id. In comparison, the term ‘‘nonprofessional occupation’’ means ‘‘any occupation for which the attainment of a bachelor’s or higher degree is not a usual requirement for the occupation.’’ Id.; 69 FR 77326, 77345–46. VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 employers to determine recruitment requirements.4 The Department created Appendix A using a list of occupations that BLS developed based on the usual education and training requirements for the occupations.5 As the Department explained, each of the occupations listed in Appendix A was assigned a BLS education and training category (E&TC) code, which indicated the ‘‘most significant source of level of education or training’’ required by an occupation.6 In 2010, BLS ceased publishing the education requirements for SOC codes under the E&TC system. However, BLS now publishes the typical entry-level educational requirements for SOC codes in conjunction with the annual wage estimates based on the Occupational Employment and Wage Statistics (OEWS) wage survey.7 B. Use of Appendix A OFLC processes the PERM labor certification application, Form ETA– 9089, Application for Permanent Employment Certification,8 and uses Appendix A to determine whether the SOC code assigned to the requested job opportunity 9 in the application generally requires a bachelor’s degree for entry, such that the employer must 4 See 69 FR 77326, 77345–46 (‘‘The primary purpose of the list of occupations is to provide employers with the necessary information to determine whether to recruit under the standards provided in the regulations for professional occupations or for nonprofessional occupations.’’). 5 See Notice of Proposed Rulemaking, Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System, 67 FR 30466, 30471 (May 6, 2002). 6 See id.; Comment Request, 75 FR 60139, 60140 (Sept. 29, 2010). See also Employment Projections through the Lens of Education and Training, 15, Monthly Labor Review: April 2012, Bureau of Labor Statistics (explaining the reasons for development of the current education and training system and the differences between the old and new systems), available at https://www.bls.gov/opub/mlr/2012/ article/employment-projections-through-the-lens-ofeducation-and-training.htm; Employment Projections: Methods, Bureau of Labor Statistics (explaining that the current system ‘‘replaced [the] earlier system that was used between 1995 and 2008’’ and the ‘‘two systems are not comparable’’), available at https://www.bls.gov/emp/ documentation/education/tech.htm. 7 BLS’s OEWS survey was named the Occupational Employment Statistics survey prior to March 31, 2021. See https://www.bls.gov/oes/ home.htm. 8 The current form title is ETA Form 9089, but the Department recently submitted proposed changes to the form to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. See Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Permanent Employment Certification, 86 FR 22714 (Apr. 29, 2021). 9 Generally, the SOC code assigned to an employer’s job opportunity is indicated in the Prevailing Wage Determination issued by OFLC’s National Prevailing Wage Center. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 63071 conduct professional recruitment under 20 CFR 656.17(e)(1).10 The absence of an occupation from Appendix A is not dispositive of an employer’s recruitment obligations. However, if the occupation is not listed in Appendix A, as updated and posted annually as notice(s) on the OFLC website, and it does not otherwise meet the definition of a professional occupation under 20 CFR 656.3, the employer is not required to conduct professional recruitment.11 C. Availability of New Education Data and the Department’s Decision To Update Appendix A ETA believes it is necessary to publish this notice to provide the best available information to guide employers in determining recruitment requirements under the PERM program, especially as the list of occupations in Appendix A has become outdated. For example, an increasing number of occupational codes are no longer listed by the same SOC code and occupational title in Appendix A due to updates to the SOC manual in 2010 and 2018.12 Accordingly, it had become necessary for OFLC to develop a method to crosswalk occupations (i.e., connecting an outdated occupation to the O*NET database to find an occupation that best matches the job opportunity indicated in the employer’s application). However, with the BLS publication of the typical entry-level educational requirement in conjunction with its annual OEWS wage estimates for the SOC codes and titles, ETA is now able to provide notice of corresponding updates to Appendix A, which are based on occupational and education data from BLS, and maintain a more current list of professional occupations that provides greater clarity to the public on the appropriate education 10 OFLC’s National Prevailing Wage Center (NPWC) also consults the list of occupations in Appendix A to determine the education and experience norms for occupations when it processes prevailing wage determination requests, Form ETA– 9141, Application for Prevailing Wage Determination. Specifically, NPWC uses the E&TC codes on the list of occupations in its determination of prevailing wages by comparing an employer’s education requirement listed on the Form ETA– 9141 with the education requirement indicated on the E&TC code for that occupation. Employment and Training Administration; Prevailing Wage Determination Policy Guidance, Nonagricultural Programs (Revised Nov. 2009), available at https:// www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ NPWHC_Guidance_Revised_11_2009.pdf. 11 See 20 CFR 656.17(e)(2) (recruitment obligations for nonprofessional occupations); 69 FR 77326, 77388 (listing definitions of ‘‘professional occupation’’ and ‘‘nonprofessional occupation’’). 12 See, e.g., Standard Occupational Classification Manual (2018), available at https://www.bls.gov/ soc/2018/soc_2018_manual.pdf. E:\FR\FM\15NON1.SGM 15NON1 63072 Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES requirements for each occupation.13 ETA intends to annually review the BLS occupational and education data with the annual OEWS wage estimates each May and, as appropriate, publish a full update to Appendix A consistent with the BLS data, even if BLS data have not changed from the previous year. D. Effective Date of the Updated List of Occupations in Appendix A The updated list of occupations in Appendix A will be published on OFLC’s website on or before June 30, 2022, along with the wage data applicable in the new wage year, which starts July 1, 2022 and continues until June 30, 2023. Employers will be able to rely on the list of occupations and the education requirements associated with the occupations in Appendix A that OFLC publishes each year on its website. In order to minimize the impact of newly-added professional occupations and to ensure appropriate notice for employers, including those engaged in any pre-filing recruitment under 20 CFR 656.17(e), professional recruitment obligations under 20 CFR 656.17(e)(1) will generally not apply to professional occupations that are newly added to the list of professional occupations in Appendix A unless OFLC has both: (1) Published the occupation on a list of professional occupations as a notice on the OFLC website; and (2) OFLC’s National Prevailing Wage Center (NPWC) has assigned the SOC code in connection with the issuance of a prevailing wage determination under 20 CFR 656.40. As the Department explained in the Final Rule, ‘‘[t]he primary purpose of the list of occupations [in Appendix A] is to provide employers with the necessary information to determine whether to recruit under the standards provided in the regulations for professional occupations or for nonprofessional occupations.’’ 69 FR 77326, 77346. However, ‘‘[e]mployers that conduct more recruitment than is required will not have their applications denied for that reason. Employers filing applications involving nonprofessional occupations are free to recruit under the requirements for professional occupations if they believe by so doing it will yield more applications from willing, able, and qualified U.S. workers.’’ Id. Accordingly, ETA believes that providing this notice to annually review and publish a new list of professional occupations in Appendix A on OFLC’s website—even when BLS data have not changed from the previous year—will provide employers 13 See https://www.bls.gov/oes/additional.htm. VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 with the best available information to guide them in determining recruitment requirements and wage obligations. Specifically, OFLC will use BLS’s latest occupational and education data annually, beginning in the July 2022 through June 2023 wage year, when the wages are updated based upon the same BLS release cycle. III. Job Zones A. O*NET Five Job Zones A Job Zone is a group of occupations that are similar in the amount of (1) education; (2) related experience; and (3) on-the-job training that is needed to perform the work. O*NET classifies occupations into one of five Job Zones, ranging from little or no preparation to an extensive amount of preparation needed to perform the job. Job Zone One occupations require little or no preparation to perform the job. Job Zone Two occupations require some preparation. Job Zone Three occupations require medium preparation. Job Zone Four occupations require considerable preparation, and Job Zone Five occupations require extensive preparation to perform the job.14 More specifically, Job Zone One occupations may require: (1) A high school diploma or GED certificate; (2) minimal work-related skill, knowledge, or experience; and (3) a few days to a few months of job training. Examples of Job Zone One occupations include: Dishwashers, sewing machine operators, and landscaping and groundskeeping workers. Job Zone Two occupations usually require: (1) A high school diploma; (2) some previous work-related skill, knowledge, or experience; and (3) a few months to one year of working. Examples of Job Zone Two occupations include: Counter and rental clerks, customer service representatives, and security guards. Job Zone Three occupations usually require: (1) Training in vocational schools, related on-the-job experience, or an associate’s degree; (2) previous work-related skill, knowledge, or experience; and (3) one or two years of training involving both on-the-job experience and informal training. These occupations usually involve using communication and organizational skills to coordinate, supervise, manage, or train others. Examples of Job Zone Three occupations include: Electricians, court reporters, and medical assistants. Job Zone Four occupations usually require: (1) A four-year bachelor’s degree; (2) 14 See O*NET OnLine Help: Job Zones, available at https://www.onetonline.org/help/online/zones. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 considerable amount of work-related skill, knowledge, or experience; and (3) several years of work-related experience, on-the-job training, and/or vocational training. These occupations involve coordinating, supervising, managing, or training others. Examples of Job Zone Four occupations include: Sales managers, database administrators, and graphic designers. Job Zone Five occupations usually require: (1) Graduate school; (2) extensive skill, knowledge, and five or more years of experience; and (3) some on-the-job training, but most of these occupations assume that the person will already have the required skills, knowledge, work-related experience, and/or training. These occupations often involve coordinating, training, supervising, or managing the activities of others. Examples of Job Zone Five occupations include: Pharmacists, lawyers, and neurologists.15 B. Procedures for Establishing Job-Zone Values OFLC uses the O*NET Job Zone assigned to an occupation to determine whether the experience the employer requires meets, exceeds, or falls below requirements typical to the occupation in which the employer’s job opportunity is classified. While O*NET transitions to the 2018 SOC occupations, there are many frequently used occupations where the O*NET Job Zone is not yet available. Until O*NET completes its transition, OFLC will use the following standard procedures to set Job Zone values for occupations without O*NET Job Zone data. First, when there is an existing O*NET Job Zone for a 2018 SOC occupation, OFLC will use the Job Zone from the O*NET 2018 SOC occupation. Second, when there is no O*NET Job Zone for the 2018 SOC occupation, but there is an O*NET Job Zone for the 2010 SOC occupation, OFLC will use the Job Zone from the O*NET 2010 SOC occupation. Third, when there is no O*NET Job Zone for either the 2018 SOC occupation or the 2010 SOC occupation, OFLC will first examine the corresponding broad occupation 16 to 15 Id. 16 SOC occupations are organized into a tiered system with four levels of aggregation: (1) Major group; (2) minor group; (3) broad occupation; and (4) detailed occupation. Each lower level of detail identifies a more specific group of occupations. The 2018 SOC contains 23 major groups, which are broken into 98 minor groups, 459 broad occupations, and 867 detailed occupations, of the latter of which have the highest level of specification. The following is an example of the four levels of aggregation: 29–0000 Healthcare Practitioners and Technical Occupations (major E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices determine if the broad occupation contains detailed occupations with O*NET Job Zones.17 OFLC will calculate the Job Zones by averaging the O*NET Job Zones of the detailed occupations within the broad occupation. For example, since there is neither O*NET Job Zone for 2018 SOC 11–3013—Facilities Managers nor O*NET Job Zone for 2010 SOC 11– 3011—Administrative Services Manager, OFLC will use the average O*NET Job Zones for the Broad Occupation 11–3010—Administrative Services and Facilities Managers. Lastly, where there is no O*NET Job Zone for either the 2018 SOC occupation or the 2010 SOC occupation, and the broad occupation does not have detailed occupations with O*NET Job Zones, OFLC will calculate the Job Zone by averaging the O*NET Job Zone of the detailed occupations within the minor group. For example, since the Broad Occupation 15–2051—Data Scientists does not have detailed occupations with O*NET Job Zones, OFLC will use the average O*NET Job Zones for the Minor Group 15–2000—Mathematical Science Occupations. OFLC intends to use these standard procedures for occupations that do not have O*NET Job Zone data beginning in the July 2022 through June 2023 wage year when the wages are updated based upon the same BLS release cycle. Angela Hanks, Acting Assistant Secretary of the Employment and Training Administration. [FR Doc. 2021–24813 Filed 11–12–21; 8:45 am] BILLING CODE 4510–FP–P DEPARTMENT OF LABOR President’s Committee on the International Labor Organization Charter Renewal Bureau of International Labor Affairs, Labor. ACTION: Notice of charter renewal. AGENCY: On September 30, 2021, President Biden continued the President’s Committee on the SUMMARY: International Labor Organization (ILO) for two years through September 30, 2023. In response, and pursuant to the Federal Advisory Committee Act (FACA), the Secretary of Labor renewed the committee’s charter on November 1, 2021. Purpose: The President’s Committee on the International Labor Organization was established in 1980 by Executive Order (E.O.) 12216 to monitor and assess the work of the ILO and make recommendations to the President regarding United States policy towards the ILO. The committee is chaired by the Secretary of Labor and the Department of Labor’s Bureau of International Labor Affairs is responsible for providing the necessary support for the committee. The committee is composed of seven ex officio members: The Secretary of Labor, the Secretary of State, the Secretary of Commerce, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and one representative each from organized labor and the business community, designated by the Secretary of Labor. The labor and business members are the presidents of the American Federation of Labor and Congress of Industrial Organizations and the United States Council for International Business, respectively, as the most representative organizations of U.S. workers and employers engaged in ILO matters. Authority: The authority for this notice is granted by FACA (5 U.S.C. App. 2) and E.O. 14048 of September 30, 2021. FOR FURTHER INFORMATION CONTACT: Robert B. Shepard, Director, Office of International Relations, Bureau of International Labor Affairs, U.S. Department of Labor, telephone (202) 693–4808, Shepard.Robert@dol.gov. Signed at Washington, DC, on November 2, 2021. Thea Mei Lee, Deputy Undersecretary, Bureau of International Labor Affairs. [FR Doc. 2021–24781 Filed 11–12–21; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 4510–28–P group); 29–1000 Healthcare Diagnosing or Treating Practitioners (minor group); 29–1020 Dentists (broad occupation); and 29–1022 Oral and Maxillofacial Surgeons (detailed occupation). See Standard Occupational Classification Manual (2018), available at https://www.bls.gov/soc/2018/ soc_2018_manual.pdf; see also The O*NET SOC Taxonomy, available at https://www.onetcenter.org/ taxonomy.html (providing additional information on classification). 17 See Updating the O*NET®-SOC Taxonomy: Incorporating the 2018 SOC Structure—Summary and implementation, at 6–7, available at https:// www.onetcenter.org/dl_files/Taxonomy2019_ Summary.pdf. VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [NOTICE: (21–072)] Privacy Act of 1974; System of Records National Aeronautics and Space Administration (NASA). AGENCY: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 63073 Notice of a Modified System of Records. ACTION: Pursuant to the provisions of the Privacy Act of 1974, the National Aeronautics and Space Administration is issuing public notice of its proposal to significantly alter a previously noticed system of records Reasonable Accommodation (RA) Records/NASA 10RAR to include the provision of religious accommodations under Title VII of the Civil Rights Act of 1964. The prior notice exclusively addressed reasonable accommodations for employees or applicants with disabilities but is being revised to include both types of accommodation requests. This notice adds two new authorities, expands categories of records, updates technical safeguards, updates system and subsystem managers. It adds one location, revises two and deletes two routine uses, all that are unique to this system. This notice incorporates locations and NASA standard routine uses that were previously published separately from, and cited by reference in, this and other NASA systems of records notices. Finally, it revises and adds to previously published Standard Routine Uses. Further details are set forth below under the caption. SUPPLEMENTARY INFORMATION. DATES: Submit comments within 30 calendar days from the date of this publication. The changes will take effect at the end of that period if no adverse comments are received. ADDRESSES: Patti F. Stockman, Privacy Act Officer, Office of the Chief Information Officer, Mary W. Jackson NASA Headquarters, Washington, DC 20546–0001, (202) 358–4787, NASAPAOfficer@nasa.gov. FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Patti F. Stockman, (202) 358–4787, NASAPAOfficer@nasa.gov. SUPPLEMENTARY INFORMATION: One of the most significant changes to the notice is that it now includes requests made by employees or applicants for religious accommodations in accordance with Title VII of the Civil Rights Act of 1964. The information collected will be used to document and evaluate a request for accommodation. The prior notice exclusively addressed reasonable accommodations for employees or applicants with disabilities but is being revised to include medical and religious accommodation requests. This system notice therefore adds both 42 U.S.C. 2000e et seq. and 29 CFR pt. 1605 as authorities. It deletes Routine Uses 1 and 3 unique to this system of records SUMMARY: E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63070-63073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24813]


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DEPARTMENT OF LABOR

Employment and Training Administration


Update to Appendix A to the Preamble--Education and Training 
Categories by O*NET--SOC Occupations; Labor Certification for Permanent 
Employment of Immigrants in the United States and Procedures To 
Establish Job Zone Values When O*NET Job Zone Data Are Unavailable

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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

SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) is issuing this notice to announce 
updates to Appendix A to the Preamble-Education and Training Categories 
by Occupational Information Network (O*NET)-Standard Occupational 
Classification (SOC) Occupations. Appendix A is a list of professional 
occupations that serves as a guide for employers to distinguish between 
professional and non-professional occupations in order to comply with 
the professional recruitment requirements of the permanent labor 
certification (PERM) program. In addition, this notice announces 
standard procedures for establishing Job Zones for a SOC code and 
occupational title in situations where O*NET Job Zone data are not yet 
available as O*NET transitions to the 2018 SOC system. These actions, 
updating Appendix A and establishing standard procedures for Job Zone 
values where O*NET Job Zone data are unavailable for certain 
occupations, will allow ETA to maintain a more comprehensive and 
current list of occupations and provide additional clarity to employers 
and the public regarding the appropriate education requirements and Job 
Zone value for each SOC code and occupational title.

DATES: This Notice is effective on November 15, 2021.

FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office 
of Foreign Labor Certification, Employment and Training Administration, 
Department of Labor, 200 Constitution Avenue NW, Room N-5311, 
Washington, DC 20210, Telephone: (202) 693-8200 (this is not a toll-
free number). Individuals with hearing or speech impairments may access 
the telephone number above via TTY/TDD by calling the toll-free Federal 
Information Relay Service at 1 (877) 889-5627.

SUPPLEMENTARY INFORMATION:

I. Statutory Background

    The Immigration and Nationality Act (INA), as amended, assigns 
responsibilities to the Secretary of Labor (Secretary) relating to the 
entry and employment of certain categories of immigrants and 
nonimmigrants. The INA prohibits the admission of certain employment-
based immigrants unless the Secretary has certified that (1) there are 
not sufficient workers who are able, willing, qualified and available 
at the time of application for a visa and admission to the United 
States and at

[[Page 63071]]

the place where the foreign worker is to perform such skilled or 
unskilled labor, and (2) the employment of such foreign worker will not 
adversely affect the wages and working conditions of workers in the 
United States similarly employed.\1\ The Secretary has delegated the 
responsibilities under the INA to administer the PERM program at 20 CFR 
part 656 to the Assistant Secretary for ETA, who in turn has delegated 
that authority to OFLC.\2\
---------------------------------------------------------------------------

    \1\ See 8 U.S.C. 1182(a)(5)(A); 8 U.S.C. 1101(a)(15)(E)(iii), 
(H)(i)(b), (H)(i)(b)(1).
    \2\ See Secretary's Order 06-2010 (Oct. 20, 2010).
---------------------------------------------------------------------------

II. Appendix A

A. Origin and Purpose of Appendix A

    On December 27, 2004, the Department published the Final Rule, 
Labor Certification for the Permanent Employment of Aliens in the 
United States; Implementation of New System, 69 FR 77326 (December 27, 
2004) (Final Rule), revising the regulations at 20 CFR part 656. The 
Final Rule requires employers to conduct recruitment of U.S. workers 
before filing their applications under the PERM program and introduced 
different recruitment requirements for non-professional occupations and 
professional occupations.\3\ In the preamble to the Final Rule, the 
Department included an appendix titled Appendix A, which listed O*NET 
occupations using BLS 2000 SOC codes and titles for which a bachelor's 
or higher degree is a customary requirement, and for which the employer 
must recruit under the standards for professional occupations under 20 
CFR 656.17(e)(1). The Department explained that the list was intended 
to identify professional occupations the Department considered 
appropriate for recruiting under the standards for professional 
occupations and offered the list as a guide for employers to determine 
recruitment requirements.\4\
---------------------------------------------------------------------------

    \3\ The term ``professional occupation'' is defined as ``an 
occupation for which the attainment of a bachelor's or higher degree 
is a usual education requirement.'' 20 CFR 656.3 (emphasis added). 
As explained in the Final Rule, and codified at 20 CFR 656.3, it is 
not a requirement that the foreign worker-beneficiary listed on an 
application possess a bachelor's or higher degree themselves for the 
job opportunity to meet the definition of a professional occupation. 
Id.; 69 FR 77326, 77345-46 (Dec. 27, 2004). However, if an employer 
is willing to accept work experience in lieu of a bachelor's or 
higher degree, such work experience ``must be attainable in the U.S. 
labor market and must be stated on the application form.'' 20 CFR 
656.3. Similarly, if an equivalent foreign degree is acceptable, 
this also ``must be clearly stated on the Application for Permanent 
Employment Certification form.'' Id. In comparison, the term 
``nonprofessional occupation'' means ``any occupation for which the 
attainment of a bachelor's or higher degree is not a usual 
requirement for the occupation.'' Id.; 69 FR 77326, 77345-46.
    \4\ See 69 FR 77326, 77345-46 (``The primary purpose of the list 
of occupations is to provide employers with the necessary 
information to determine whether to recruit under the standards 
provided in the regulations for professional occupations or for 
nonprofessional occupations.'').
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    The Department created Appendix A using a list of occupations that 
BLS developed based on the usual education and training requirements 
for the occupations.\5\ As the Department explained, each of the 
occupations listed in Appendix A was assigned a BLS education and 
training category (E&TC) code, which indicated the ``most significant 
source of level of education or training'' required by an 
occupation.\6\ In 2010, BLS ceased publishing the education 
requirements for SOC codes under the E&TC system. However, BLS now 
publishes the typical entry-level educational requirements for SOC 
codes in conjunction with the annual wage estimates based on the 
Occupational Employment and Wage Statistics (OEWS) wage survey.\7\
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    \5\ See Notice of Proposed Rulemaking, Labor Certification for 
the Permanent Employment of Aliens in the United States; 
Implementation of New System, 67 FR 30466, 30471 (May 6, 2002).
    \6\ See id.; Comment Request, 75 FR 60139, 60140 (Sept. 29, 
2010). See also Employment Projections through the Lens of Education 
and Training, 15, Monthly Labor Review: April 2012, Bureau of Labor 
Statistics (explaining the reasons for development of the current 
education and training system and the differences between the old 
and new systems), available at https://www.bls.gov/opub/mlr/2012/article/employment-projections-through-the-lens-of-education-and-training.htm; Employment Projections: Methods, Bureau of Labor 
Statistics (explaining that the current system ``replaced [the] 
earlier system that was used between 1995 and 2008'' and the ``two 
systems are not comparable''), available at https://www.bls.gov/emp/documentation/education/tech.htm.
    \7\ BLS's OEWS survey was named the Occupational Employment 
Statistics survey prior to March 31, 2021. See https://www.bls.gov/oes/home.htm.
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B. Use of Appendix A

    OFLC processes the PERM labor certification application, Form ETA-
9089, Application for Permanent Employment Certification,\8\ and uses 
Appendix A to determine whether the SOC code assigned to the requested 
job opportunity \9\ in the application generally requires a bachelor's 
degree for entry, such that the employer must conduct professional 
recruitment under 20 CFR 656.17(e)(1).\10\ The absence of an occupation 
from Appendix A is not dispositive of an employer's recruitment 
obligations. However, if the occupation is not listed in Appendix A, as 
updated and posted annually as notice(s) on the OFLC website, and it 
does not otherwise meet the definition of a professional occupation 
under 20 CFR 656.3, the employer is not required to conduct 
professional recruitment.\11\
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    \8\ The current form title is ETA Form 9089, but the Department 
recently submitted proposed changes to the form to the Office of 
Management and Budget (OMB) for review and approval in accordance 
with the Paperwork Reduction Act. See Agency Information Collection 
Activities; Submission for OMB Review; Comment Request; Application 
for Permanent Employment Certification, 86 FR 22714 (Apr. 29, 2021).
    \9\ Generally, the SOC code assigned to an employer's job 
opportunity is indicated in the Prevailing Wage Determination issued 
by OFLC's National Prevailing Wage Center.
    \10\ OFLC's National Prevailing Wage Center (NPWC) also consults 
the list of occupations in Appendix A to determine the education and 
experience norms for occupations when it processes prevailing wage 
determination requests, Form ETA-9141, Application for Prevailing 
Wage Determination. Specifically, NPWC uses the E&TC codes on the 
list of occupations in its determination of prevailing wages by 
comparing an employer's education requirement listed on the Form 
ETA-9141 with the education requirement indicated on the E&TC code 
for that occupation. Employment and Training Administration; 
Prevailing Wage Determination Policy Guidance, Nonagricultural 
Programs (Revised Nov. 2009), available at https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/NPWHC_Guidance_Revised_11_2009.pdf.
    \11\ See 20 CFR 656.17(e)(2) (recruitment obligations for 
nonprofessional occupations); 69 FR 77326, 77388 (listing 
definitions of ``professional occupation'' and ``nonprofessional 
occupation'').
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C. Availability of New Education Data and the Department's Decision To 
Update Appendix A

    ETA believes it is necessary to publish this notice to provide the 
best available information to guide employers in determining 
recruitment requirements under the PERM program, especially as the list 
of occupations in Appendix A has become outdated. For example, an 
increasing number of occupational codes are no longer listed by the 
same SOC code and occupational title in Appendix A due to updates to 
the SOC manual in 2010 and 2018.\12\ Accordingly, it had become 
necessary for OFLC to develop a method to crosswalk occupations (i.e., 
connecting an outdated occupation to the O*NET database to find an 
occupation that best matches the job opportunity indicated in the 
employer's application). However, with the BLS publication of the 
typical entry-level educational requirement in conjunction with its 
annual OEWS wage estimates for the SOC codes and titles, ETA is now 
able to provide notice of corresponding updates to Appendix A, which 
are based on occupational and education data from BLS, and maintain a 
more current list of professional occupations that provides greater 
clarity to the public on the appropriate education

[[Page 63072]]

requirements for each occupation.\13\ ETA intends to annually review 
the BLS occupational and education data with the annual OEWS wage 
estimates each May and, as appropriate, publish a full update to 
Appendix A consistent with the BLS data, even if BLS data have not 
changed from the previous year.
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    \12\ See, e.g., Standard Occupational Classification Manual 
(2018), available at https://www.bls.gov/soc/2018/soc_2018_manual.pdf.
    \13\ See https://www.bls.gov/oes/additional.htm.
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D. Effective Date of the Updated List of Occupations in Appendix A

    The updated list of occupations in Appendix A will be published on 
OFLC's website on or before June 30, 2022, along with the wage data 
applicable in the new wage year, which starts July 1, 2022 and 
continues until June 30, 2023. Employers will be able to rely on the 
list of occupations and the education requirements associated with the 
occupations in Appendix A that OFLC publishes each year on its website. 
In order to minimize the impact of newly-added professional occupations 
and to ensure appropriate notice for employers, including those engaged 
in any pre-filing recruitment under 20 CFR 656.17(e), professional 
recruitment obligations under 20 CFR 656.17(e)(1) will generally not 
apply to professional occupations that are newly added to the list of 
professional occupations in Appendix A unless OFLC has both: (1) 
Published the occupation on a list of professional occupations as a 
notice on the OFLC website; and (2) OFLC's National Prevailing Wage 
Center (NPWC) has assigned the SOC code in connection with the issuance 
of a prevailing wage determination under 20 CFR 656.40. As the 
Department explained in the Final Rule, ``[t]he primary purpose of the 
list of occupations [in Appendix A] is to provide employers with the 
necessary information to determine whether to recruit under the 
standards provided in the regulations for professional occupations or 
for nonprofessional occupations.'' 69 FR 77326, 77346. However, 
``[e]mployers that conduct more recruitment than is required will not 
have their applications denied for that reason. Employers filing 
applications involving nonprofessional occupations are free to recruit 
under the requirements for professional occupations if they believe by 
so doing it will yield more applications from willing, able, and 
qualified U.S. workers.'' Id. Accordingly, ETA believes that providing 
this notice to annually review and publish a new list of professional 
occupations in Appendix A on OFLC's website--even when BLS data have 
not changed from the previous year--will provide employers with the 
best available information to guide them in determining recruitment 
requirements and wage obligations. Specifically, OFLC will use BLS's 
latest occupational and education data annually, beginning in the July 
2022 through June 2023 wage year, when the wages are updated based upon 
the same BLS release cycle.

III. Job Zones

A. O*NET Five Job Zones

    A Job Zone is a group of occupations that are similar in the amount 
of (1) education; (2) related experience; and (3) on-the-job training 
that is needed to perform the work. O*NET classifies occupations into 
one of five Job Zones, ranging from little or no preparation to an 
extensive amount of preparation needed to perform the job. Job Zone One 
occupations require little or no preparation to perform the job. Job 
Zone Two occupations require some preparation. Job Zone Three 
occupations require medium preparation. Job Zone Four occupations 
require considerable preparation, and Job Zone Five occupations require 
extensive preparation to perform the job.\14\
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    \14\ See O*NET OnLine Help: Job Zones, available at https://
www.onetonline.org/help/online/zones.
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    More specifically, Job Zone One occupations may require: (1) A high 
school diploma or GED certificate; (2) minimal work-related skill, 
knowledge, or experience; and (3) a few days to a few months of job 
training. Examples of Job Zone One occupations include: Dishwashers, 
sewing machine operators, and landscaping and groundskeeping workers. 
Job Zone Two occupations usually require: (1) A high school diploma; 
(2) some previous work-related skill, knowledge, or experience; and (3) 
a few months to one year of working. Examples of Job Zone Two 
occupations include: Counter and rental clerks, customer service 
representatives, and security guards. Job Zone Three occupations 
usually require: (1) Training in vocational schools, related on-the-job 
experience, or an associate's degree; (2) previous work-related skill, 
knowledge, or experience; and (3) one or two years of training 
involving both on-the-job experience and informal training. These 
occupations usually involve using communication and organizational 
skills to coordinate, supervise, manage, or train others. Examples of 
Job Zone Three occupations include: Electricians, court reporters, and 
medical assistants. Job Zone Four occupations usually require: (1) A 
four-year bachelor's degree; (2) considerable amount of work-related 
skill, knowledge, or experience; and (3) several years of work-related 
experience, on-the-job training, and/or vocational training. These 
occupations involve coordinating, supervising, managing, or training 
others. Examples of Job Zone Four occupations include: Sales managers, 
database administrators, and graphic designers. Job Zone Five 
occupations usually require: (1) Graduate school; (2) extensive skill, 
knowledge, and five or more years of experience; and (3) some on-the-
job training, but most of these occupations assume that the person will 
already have the required skills, knowledge, work-related experience, 
and/or training. These occupations often involve coordinating, 
training, supervising, or managing the activities of others. Examples 
of Job Zone Five occupations include: Pharmacists, lawyers, and 
neurologists.\15\
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    \15\ Id.
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B. Procedures for Establishing Job-Zone Values

    OFLC uses the O*NET Job Zone assigned to an occupation to determine 
whether the experience the employer requires meets, exceeds, or falls 
below requirements typical to the occupation in which the employer's 
job opportunity is classified. While O*NET transitions to the 2018 SOC 
occupations, there are many frequently used occupations where the O*NET 
Job Zone is not yet available. Until O*NET completes its transition, 
OFLC will use the following standard procedures to set Job Zone values 
for occupations without O*NET Job Zone data.
    First, when there is an existing O*NET Job Zone for a 2018 SOC 
occupation, OFLC will use the Job Zone from the O*NET 2018 SOC 
occupation.
    Second, when there is no O*NET Job Zone for the 2018 SOC 
occupation, but there is an O*NET Job Zone for the 2010 SOC occupation, 
OFLC will use the Job Zone from the O*NET 2010 SOC occupation.
    Third, when there is no O*NET Job Zone for either the 2018 SOC 
occupation or the 2010 SOC occupation, OFLC will first examine the 
corresponding broad occupation \16\ to

[[Page 63073]]

determine if the broad occupation contains detailed occupations with 
O*NET Job Zones.\17\ OFLC will calculate the Job Zones by averaging the 
O*NET Job Zones of the detailed occupations within the broad 
occupation. For example, since there is neither O*NET Job Zone for 2018 
SOC 11-3013--Facilities Managers nor O*NET Job Zone for 2010 SOC 11-
3011--Administrative Services Manager, OFLC will use the average O*NET 
Job Zones for the Broad Occupation 11-3010--Administrative Services and 
Facilities Managers.
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    \16\ SOC occupations are organized into a tiered system with 
four levels of aggregation: (1) Major group; (2) minor group; (3) 
broad occupation; and (4) detailed occupation. Each lower level of 
detail identifies a more specific group of occupations. The 2018 SOC 
contains 23 major groups, which are broken into 98 minor groups, 459 
broad occupations, and 867 detailed occupations, of the latter of 
which have the highest level of specification. The following is an 
example of the four levels of aggregation: 29-0000 Healthcare 
Practitioners and Technical Occupations (major group); 29-1000 
Healthcare Diagnosing or Treating Practitioners (minor group); 29-
1020 Dentists (broad occupation); and 29-1022 Oral and Maxillofacial 
Surgeons (detailed occupation). See Standard Occupational 
Classification Manual (2018), available at https://www.bls.gov/soc/2018/soc_2018_manual.pdf; see also The O*NET SOC Taxonomy, available 
at https://www.onetcenter.org/taxonomy.html (providing additional 
information on classification).
    \17\ See Updating the O*NET[supreg]-SOC Taxonomy: Incorporating 
the 2018 SOC Structure--Summary and implementation, at 6-7, 
available at https://www.onetcenter.org/dl_files/Taxonomy2019_Summary.pdf.
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    Lastly, where there is no O*NET Job Zone for either the 2018 SOC 
occupation or the 2010 SOC occupation, and the broad occupation does 
not have detailed occupations with O*NET Job Zones, OFLC will calculate 
the Job Zone by averaging the O*NET Job Zone of the detailed 
occupations within the minor group. For example, since the Broad 
Occupation 15-2051--Data Scientists does not have detailed occupations 
with O*NET Job Zones, OFLC will use the average O*NET Job Zones for the 
Minor Group 15-2000--Mathematical Science Occupations.
    OFLC intends to use these standard procedures for occupations that 
do not have O*NET Job Zone data beginning in the July 2022 through June 
2023 wage year when the wages are updated based upon the same BLS 
release cycle.

Angela Hanks,
Acting Assistant Secretary of the Employment and Training 
Administration.
[FR Doc. 2021-24813 Filed 11-12-21; 8:45 am]
BILLING CODE 4510-FP-P

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Update to Appendix A to the Preamble-Education and Training Categories by O*NET-SOC Occupations; Labor Certification for Permanent Employment of Immigrants in the United States and Procedures To Establish Job Zone Values When O*NET Job Zone Data Are Unavailable, 63070-63073 [2021-24813]

Agencies

Update to Appendix A to the Preamble-Education and Training Categories by ONET-SOC Occupations; Labor Certification for Permanent Employment of Immigrants in the United States and Procedures To Establish Job Zone Values When ONET Job Zone Data Are Unavailable, 63070-63073 [2021-24813]