Application for Permanent Employment Certification

Forms and Documents

Document Name	Status
Support Statement.doc Supporting Statement A	2008-03-25
PRA note to reviewer[1].doc Supplementary Document	2008-02-26

IC Document Collections

IC ID	Document Title	Status
13315	Application for Permanent Employment Certification Other-Appendix to Instructions	Modified

ICR Details

OMB Control No: 1205-0451	ICR Reference No: 200707-1205-012
Status: Historical Active	Previous ICR Reference No: 200705-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No: 012-05-01-02-01-2045-00
Title: Application for Permanent Employment Certification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/02/2008
	Date Received in OIRA: 03/31/2008
Terms of Clearance: OMB does not approve the online version of this form. Only the existing paper form is approved. When the online application becomes available, DOL/ETA/OFLC must resubmit a revision to this ICR in order to use a different form.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2011	36 Months From Approved	05/31/2008
Responses	440,415	0	100,000
Time Burden (Hours)	340,585	0	264,243
Cost Burden (Dollars)	2,500,000	0	2,500,000

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Abstract: The application form and other information requirements are necessary to the collection of information from U.S. employers wishing to sponsor foreign labor for permanent residency through the Labor Certification process. The information collected is used by the Secretary of Labor to make the necessary certification in compliance with the Immigration and Nationality Act as amended.

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Authorizing Statute(s): US Code: 8 USC 1182(a)(5) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1153(b)(3) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 48689	08/24/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 16912	03/31/2008
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Application for Permanent Employment Certification	ETA Form 9089	Application for Permanent Employment Certification

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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	440,415	100,000	0	0	340,415	0
Annual Time Burden (Hours)	340,585	264,243	0	0	76,342	0
Annual Cost Burden (Dollars)	2,500,000	2,500,000	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: The annual burden for this information collection is expected to increase from 264,243 hours to 340,585 hours, resulting in an increase of 76,342 hours. The increase in burden hours is attributed to (1) the Department of Homeland Security (DHS)now utilizes this form for its NIW program and (2) the number of requests for prevailing wages from the State Workforce Agencies was inadvertently not included in the previous burden calculation.

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Annual Cost to Federal Government: $13,729,165

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: 03/31/2008

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