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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form WH-4 Violation Reporting	Form and Instruction	Modified	Available
ETA 9035 Supporting Statement Final.doc	Supporting Statement A	Uploaded 2015-03-24	Available
WH-4 - highlighted changes.doc	Supplementary Document	Uploaded 2015-03-18	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
186917	Violation Reporting	Form and Instruction	Modified
13104	Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants	Other-public burden statement	Modified

ICR Details

OMB Control No: 1205-0310	ICR Reference No: 201503-1205-016
Status: Historical Active	Previous ICR Reference No: 201110-1205-010
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: 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: 05/22/2015
	Date Received in OIRA: 03/31/2015
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2018	36 Months From Approved	05/31/2015
Responses	1,299,841	0	340,425
Time Burden (Hours)	567,627	0	310,005
Cost Burden (Dollars)	0	0	0

---

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.

---

Authorizing Statute(s): 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
   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
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 78910	12/31/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 16456	03/27/2015
Did the Agency receive public comments on this ICR? Yes

---

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

table that charts list of burden

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

---

ICR Summary of Burden

table that charts list 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	1,299,841	340,425	0	0	959,416	0
Annual Time Burden (Hours)	567,627	310,005	0	0	257,622	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: Increase in usage of the program and proper recalculation of the number of responses.

---

Annual Cost to Federal Government: $2,157,508

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 03/31/2015

---