Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form

Forms and Documents

Document Name	Status
Form WH-4 Violation Reporting Form and Instruction	Modified
Appendix C_FINAL 10.16.18.doc Supplementary Document	2018-10-16
Form ETA 9035 & 9035E Appendix A_FINAL 5.24.18.pdf Supplementary Document	2018-05-24
1205-0310 Supporting Statement Appendix B_20181017.doc Supplementary Document	2018-10-17
1205-0310 Supporting Statement_FINAL 10.16.18.doc Supporting Statement A	2018-10-16

IC Document Collections

IC ID	Document Title	Status
186917	Violation Reporting Form and Instruction	Modified
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: 201805-1205-001
Status: Historical Active	Previous ICR Reference No: 201503-1205-016
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form
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: 10/18/2018
	Date Received in OIRA: 05/24/2018
Terms of Clearance: This ICR has a slightly delayed implementation date. The agency intends to implement changes to the electronic system October 24-31, 2018. The current form may be used until the changes are fully implemented in the electronic system.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	36 Months From Approved	10/31/2018
Responses	694,215	0	1,299,841
Time Burden (Hours)	898,212	0	567,627
Cost Burden (Dollars)	906,960	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 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

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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:
	82 FR 36158	08/03/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 24141	05/24/2018
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	ETA-9035/E, ETA-9035	Labor Condition Application for Nonimmigrant Workers ,   Labor Condition 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	694,215	1,299,841	0	0	-605,626	0
Annual Time Burden (Hours)	898,212	567,627	0	0	330,585	0
Annual Cost Burden (Dollars)	906,960	0	0	906,960	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 Department projects that the annual burden for LCA information collections will increase from 567,627 burden hours to 898,212 burden hours. The Department makes this projection based on the steady surge of H-1B, H-1B1, and E-3 requests received during the economic upturn of the past three years and the new requirements of information from employers to improve program transparency. The increase is also a result of improvement to the methodology for reporting the burden in connection with this collection of information. (See the response to A12 for details.) The number of responses decreased from 1,299,841 to 569,260 due to better accounting methods in compliance with OMB requirements and revisions to this ICR.

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Annual Cost to Federal Government: $5,016,256

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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

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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: 05/24/2018

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