CW-1 Application for Temporary Employment Certification

Forms and Documents

Document Name	Status
Form ETA 9142C Application for Temporary Employment Certification Form	New
Form ETA 9141C Application for Prevailing Wage Determination Form	New
201903-1205-001SSA_20180327.docx Supporting Statement A	2019-03-28

IC Document Collections

IC ID	Document Title	Status
235498	CNMI Record Keeping and Misc. Activities	New
235497	Application for Temporary Employment Certification Form	New
235476	Application for Prevailing Wage Determination Form	New

ICR Details

OMB Control No: 1205-0534	ICR Reference No: 201903-1205-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: CW-1 Application for Temporary Employment Certification
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/29/2019
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/29/2019
	Date Received in OIRA: 03/29/2019
Terms of Clearance: Before seeking an extension of this ICR, the agency shall specifically present to OIRA an assessment of: 1) the burden imposed by the multiple-worksite reporting requirement under Appendix B of ETA-9142C; and 2) the accuracy of the hourly burden estimates for Administrative appeals and Prevailing Wage Determination appeals.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2019	6 Months From Approved
Responses	149,739	0	0
Time Burden (Hours)	73,987	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This Information Collection Request (ICR) seeks approval under the Paperwork Reduction Act (PRA) for a new collection made necessary by a statutory requirement for a CW-1 temporary labor certification. More specifically, the Department of Labor (DOL or Department) proposes to create a Form ETA-9142C, Application for Temporary Employment Certification and appendices, and new Form ETA-9141C, Application for Prevailing Wage Determination to carry out new responsibilities created for the Department under the Northern Mariana Islands U.S. Workforce Act of 2018 (Pub. L. 115-218). The ETA Office of Foreign Labor Certification (OFLC) will use this information collection to meet its statutory and regulatory responsibilities for administering the CW-1 temporary labor certification program. An employer seeking to employ CW-1 workers must file a completed CW-1 Application for Temporary Employment Certification (Form ETA-9142C), all appropriate appendices, and a valid Application for Prevailing Wage Determination, with the OFLC National Processing Center (NPC). These forms and all supporting documentation constitute the CW-1 application submitted by an employer to secure a temporary labor certification determination from the OFLC.

Emergency Justfication: The ICR is being submitted under the emergency processing provisions outlined at 5 CFR 1320.13, and the Department requests the maximum six-month approval. Because this ICR relates to an interim final rule that the Northern Mariana Islands U.S. Workforce Act of 2018 required to be promulgated on an expedited basis, there was no opportunity to engage in normal clearance activities. Public harm would result by a failure timely to enact the information collection, because employers and jobseekers would not have the protections afforded the Workforce Act.

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Authorizing Statute(s): PL: Pub.L. 115 - 218 2,3, 132 Name of Law: Northern Mariana Islands U.S. Workforce Act of 2018 (the Workforce 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

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
CNMI Record Keeping and Misc. Activities
Application for Temporary Employment Certification	ETA 9142C, ETA 9142C Appendix A, ETA 9142C Appendix B, ETA 9142C Appendix C, ETA 9142C	CW-1 Application for Temporary Employment Certification ,   Form ETA-9142C – Appendix A ,   Form ETA-9142C – Appendix B ,   Form ETA-9142C – Appendix C ,   Final Determination: CW-1 Temporary Labor Certification Approval
Application for Prevailing Wage Determination	ETA 9141C	Application for Prevailing Wage Determination

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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	149,739	0	0	149,739	0	0
Annual Time Burden (Hours)	73,987	0	0	73,987	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection.

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Annual Cost to Federal Government: $0

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)? No

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: 03/28/2019

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