Justification for Online Petition Activation

Justification for Non-Substantive Change Request: OMB 1205-0342, Form 9042 Online Version Ready for Activation

ETA recently completed an electronic version for ETA-9042 under OMB 1205-9042 (Expires 1/31/2013).

A-3 of the Supporting Statement for the currently approved collection referred to the development of an electronic petition filing application that will allow for users to go to the DTAA website, complete the application online, sign the petition electronically and then click a button that will result in simultaneous transmission of the petition to both the Department of Labor and the relevant State agency. The electronically filed petition application will not replace the paper petition; rather, it will be available to provide a paperless option for those users who prefer it.

This option is now complete and is scheduled to go live by September 30, 2010.

Electronic transmission of the petition increases the speed by which the petition is transmitted and filed with the two statutorily required entities (ETA and the relevant State agency). In addition, the user may also choose to send via email copies of the petition to the petitioner(s) and any other party that has provided email address(es) for this purpose.

After the user transmits the petition, he/she can print or save a copy of the petition for record keeping.

ETA, in developing this online version, has created additional, more user-friendly options:

• The electronic format of ETA-9042 is divided into a series of screens that correspond to sections of the paper form. The user is guided through each section of the petition in succession. This format increases time savings and decreases errors in processing petitions. In addition, this format facilitates the transference of information directly into data that is stored in an electronic database used by ETA to process petition investigations.

• Certain fields are statutory requirements and must be completed in order to successfully file the ETA-9042 TAA petition form. Currently, paper versions of ETA-9042 that are missing required information are returned to the petitioner(s) with a form citing the reason for return. Petitioner(s) are instructed to provide the missing information and resubmit the completed document for processing, a cumbersome process which can increase the petition time by up to 30 days.

In contrast, the electronic version of ETA-9042 alerts the user when required data is not provided and directs the user to complete those required fields before proceeding to subsequent sections of the petition. These required fields are listed in the beginning of the online petition application and may also be downloaded and printed.

• The online petition provides guidance to the user in a manner that is not available in the paper petition. For example, identification of “Petitioner Type” by the user will affect the selection of successive screens provided. If a user selects “Three Workers” the application will provide a screen that allows the entry of personal information for three petitioners and request their “date of separation”; the selection of “Company Official” will lead to a screen that allows entry information for a single petitioner and request the professional “title” of that petitioner. Most screens contain data fields that must be completed by all petitioner types and are displayed in their proper order regardless of which “Petitioner Type” is selected. This process eliminates common errors that often result in returned petitions and delays in processing.

• The online petition provides assistance to users in form of “Help Tags” that contain additional clarification about the required information. For example, when users are asked to select their “Petitioner Type,” a link to the help tag is present. The user may either hover their mouse over this link or click the link to generate a “child” window that displays the following message:

“Please select your petitioner type. A petition may be filed by any of the following: a group of three or more workers, an employer, a Union representative, a State Workforce Official, a One-Stop Operator/Partner, or another Duly Authorized Representative. OTAA will initiate an investigation when a complete petition is filed by any of these parties.”

• After the user has completed all sections of the petition a single summary screen will be displayed. This screen allows the user to view their completed petition and edit any information during the petition process.

Finally, the electronic version of ETA-9042 provides a check box that represents an electronic signature and appears directly above an “Affirmation of Information” that states:

“The information you provide on this petition form will be used for the purposes of determining worker group eligibility and providing notice to petitioners, workers, and the general public that the petition has been filed and whether the worker group is eligible. Knowingly falsifying any information of this Petition Form is a Federal offense (18 USC 1001) and a violation of the Trade Act (19 USC 2320), as amended. If there is more than one petitioner, checking this box confirms that this electronic petition form was completed with the authorization of all petitioners listed in this document. By signing below, you agree to the following statement:”