Labor Condition Application and Requirements for Employers Using Nonimmigrants on H-1B Visas

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
13101	Labor Condition Application and Requirements for Employers Using Nonimmigrants on H-1B Visas Form	Migrated

ICR Details

OMB Control No: 1205-0310	ICR Reference No: 200206-1205-002
Status: Historical Active	Previous ICR Reference No: 200111-1205-001
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Labor Condition Application and Requirements for Employers Using Nonimmigrants on H-1B Visas
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/28/2002
	Date Received in OIRA: 06/26/2002
Terms of Clearance: This version of the information collection allows for the e-filing of labor certification applications. By 9/16/02, DOL will provide a revised estimate of the number of applicants, given the trend of decreasing number os H-1B laborers. Justification will be provided if DOL does not believe a revised estimate should be made. Upon resubmission, in conjunction to the clearance of the final rule on H-1B, DOL will document what, if any, revisions are required for this form to comport with the final rule. In addition, DOL upon resubmission will evaluate its estimates for the number of respondents and estimated time burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2003	08/31/2003	08/31/2002
Responses	334,275	0	260,000
Time Burden (Hours)	310,421	0	285,663
Cost Burden (Dollars)	0	0	0

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Abstract: The application form and other requirements in these regulations for employuers seeking to use H-1B nonimmigrants in specialty occupations and as fashion models will permit the Department to meet its statutory responsibilities for program administration, management and oversight.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Labor Condition Application and Requirements for Employers Using Nonimmigrants on H-1B Visas	ETA-9035, ETA-9035E, WH4

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	334,275	260,000	0	0	74,275	0
Annual Time Burden (Hours)	310,421	285,663	0	0	24,758	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/26/2002

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