Application for Permanent Employment Certification

Forms and Documents

Document Name	Status
Form ETA-9089 Application for Permanent Employment Certification Form	Modified
8 U.S. Code § 1182.pdf Supplementary Document	2021-04-29
8 U.S. Code § 1153.pdf Supplementary Document	2021-04-29
30-day FRN (1205-0451) published.pdf Supplementary Document	2021-04-29
1205-0451 Supporting Statement Appendix A 042221.docx Supplementary Document	2021-04-29
60-day FRN (1205-0451) published.pdf Supplementary Document	2021-02-03
1205-0451Supporting Statement 042221.docx Supporting Statement A	2021-04-29

IC Document Collections

IC ID	Document Title	Status
13315	Application for Permanent Employment Certification Form	Modified

ICR Details

OMB Control No: 1205-0451	ICR Reference No: 202102-1205-001
Status: Received in OIRA	Previous ICR Reference No: 201807-1205-001
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Application for Permanent Employment Certification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/29/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2021
Responses	675,123	113,304
Time Burden (Hours)	234,296	226,740
Cost Burden (Dollars)	132,150	467,000

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Abstract: The application form and other information requirements are necessary to the collection of information from U.S. employers wishing to sponsor foreign labor for permanent residency through the Labor Certification process. The information collected is used by the Secretary of Labor to make the necessary certification in compliance with the Immigration and Nationality Act as amended.

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Authorizing Statute(s): US Code: 8 USC 1182(a)(5) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1153(b)(3) 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:
	85 FR 43877	07/20/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 22714	04/29/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Permanent Employment Certification	ETA-9089, ETA-9089, ETA-9089, ETA-9089, ETA-9089, ETA-9089	Application for Permanent Employment Certification ,   Appendix A: Foreign Worker Information ,   Appendix B: Additional Worksite Information ,   Appendix C: Supplemental Information ,   Appendix D: Special Recruitment for College and University Teachers ,   Final Determination: Permanent Employment Certification Approval

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ICR Summary of Burden

	Total Request	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	675,123	113,304	0	561,819	0	0
Annual Time Burden (Hours)	234,296	226,740	0	7,556	0	0
Annual Cost Burden (Dollars)	132,150	467,000	0	-334,850	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: The estimated burden hours and associated costs have changed due to updated projections based on more recent programmatic experience and expected processing efficiencies due to technology improvements, as well as adjustments to anticipated annual application volumes and the average reporting time per application. The answer provided to A.12 provides more information regarding this burden increase. The Department reported during the last renewal cycle that it would receive 113,304 applications per year in connection with the PERM program and that DHS would receive 1,300 Form ETA-9089 applications in lieu of the Form ETA-750B for its NIW application process, and 4,620 for Schedule A and Sheepherder applications combined. The Department now estimates that applications will increase to 125,476.6 on average per year. For purposes of a similar comparison to the last cycle, Form ETA-9089 applications are projected to remain relatively flat at 108,832. The remaining difference in application volume, and therefore burden, corresponds to an increase in applications to DHS for Schedule A and Sheepherders from 4,620 to 7,000, and adjustments being made to incorporate additional Form ETA-9089 applications that will be filed as a result of the planned discontinuance of Forms ETA-750A and ETA-750B (OMB Control Number 1205-0015), which will result in 86.6 additional Form ETA-9089 applications completed for professional athletes and coaches, and 9,558 additional Form ETA-9089 applications for NIW qualifications. The edits to the form and instructions do not cause the burden increase reported by DOL. The new projections are made based on past filings, current filing trends, and the general improvement of the Department’s methodology for arriving at these estimates.

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Annual Cost to Federal Government: $18,258,981

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.     Yes

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.     Yes

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? No

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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: 04/29/2021

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