Labor Condition Application for H-1B, H-1B1, and E-3 Non-immigrants

Forms and Documents

Document Name	Status
Form WH-4 Violation Reporting Form and Instruction	Unchanged
Appendix A with ARRA_final.doc Supplementary Document	2009-04-14
statutory authority Section 1611.doc Supplementary Document	2009-03-04
Note to Reviewer.doc Justification for No Material/Nonsubstantive Change	2009-03-04

IC Document Collections

IC ID	Document Title	Status
186917	Violation Reporting Form and Instruction	Unchanged
13104	Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants Instruction	Modified

ICR Details

OMB Control No: 1205-0310	ICR Reference No: 200902-1205-006
Status: Historical Active	Previous ICR Reference No: 200806-1205-003
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Labor Condition Application for H-1B, H-1B1, and E-3 Non-immigrants
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/24/2009
	Date Received in OIRA: 03/05/2009
Terms of Clearance: This collection is approved with the following terms of clearance: The U.S. Department of Labor (DOL) is approved an emergency clearance for the collection to meet the American Reinvestment Recovery Act requirements. This collection will be valid for 180 days. If DOL decides to continue use of the approved forms under this collection past the approved emergency clearance time period of 180 days, DOL must resubmit to OMB under the normal PRA clearance process for a three year approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2012	01/31/2012	01/31/2012
Responses	468,100	0	468,100
Time Burden (Hours)	369,016	0	368,991
Cost Burden (Dollars)	0	0	0

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Abstract: The application form and other information collection instruments are to be used by employers seeking to use non-immigrants (H-1B, H-1B1, E-3) in specialty occupations and as fashion models or by those who want to report violations and will permit the Department to meet its statutory responsibilities for program administration, management, and oversight.

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Authorizing Statute(s): US Code: 8 USC 1182(n), 1182(t), 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(i)(B), Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(i)(B)(1) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(E)(iii) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 5 1611 Name of Law: American Recovery and Reinvestment Act of 2009

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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:
	73 FR 36357	06/26/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 66259	11/07/2008
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants	Appendix A, Form 9035 and 9035 E, ETA 9035 - currently in use, ETA 9035, ETA-9035	Labor Condition Application ,   Labor Condition Application for Nonimmigrant Workers ,   Labor Condition Application for Nonimmigrant Workers ,   Labor Application for Nonimmigrant Workers
Violation Reporting	WH-4	Nonimmigrant Worker Information Form

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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	468,100	468,100	0	0	0	0
Annual Time Burden (Hours)	369,016	368,991	25	0	0	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: The estmiated annual increase in burden (25 hours) is due to a provision in Title I, Division A, Section 1611, of the 2009 American Recovery and Reinvestment Act, which addresses employers who must comply with the same requirements as H-1B dependent employers.

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Annual Cost to Federal Government: $677,448

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)? Yes

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: 03/05/2009

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