Application for Prevailing Wage Determination

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA 9165 Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey	Form	New	Available
Form ETA 9165 Form ETA-9165 Requirements	Form	New	Repair queued
Form ETA 9141 Application for Prevailing Wage Determination	Form	Modified	Available
Form ETA 9141 Form ETA-9141 and Related Requirements	Form	Modified	Repair queued
1205-0508 Supporting Statement 083122.docx	Supporting Statement A	Uploaded 2022-08-31	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
255327	Form ETA-9165 Requirements	Form	New	Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey
255327	Form ETA-9165 Requirements	Form	New
255327	Form ETA-9165 Requirements	Instruction	New
204363	Form ETA-9141 and Related Requirements	Form	Modified	Application for Prevailing Wage Determination
204363	Form ETA-9141 and Related Requirements	Form	Modified
204363	Form ETA-9141 and Related Requirements	Instruction	Modified

ICR Details

OMB Control No: 1205-0508	ICR Reference No: 202208-1205-005
Status: Active	Previous ICR Reference No: 201905-1205-005
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Application for Prevailing Wage Determination
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/24/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/08/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2026	36 Months From Approved	07/31/2023
Responses	331,339	0	320,850
Time Burden (Hours)	148,629	0	143,194
Cost Burden (Dollars)	213,953	0	0

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Abstract: The information contained in the Form ETA-9141 is the basis for the Secretary’s determination of the wage employers must pay in order protect against adverse effect on U.S. workers’ wages by the employment of a foreign worker. Prior to submitting requests for most labor certifications or a labor condition applications to the Secretary of Labor, employers must obtain a prevailing wage for the job opportunity based on the place of employment in order to ensure that wages are not being adversely affected by paying foreign workers less than a prevailing wage. Form ETA-9141, Application for Prevailing Wage Determination, is used to collect the necessary information from employers to enable the Department of Labor (Department) to issue a prevailing wage for the occupation and location of the job offer. The Form ETA-9141 is used in the H-2B, H-1B, H-1B1, E-3, and PERM programs administered by the Department. In order to meet its statutory responsibilities under the INA, the Department must request information from employers seeking to hire and import foreign labor. The Department uses the information collected to determine the appropriate wages that must be paid by an employer to foreign workers in most programs.

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Authorizing Statute(s): US Code: 8 USC 1153(b)(3) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1182(a)(5)(A) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1182(n), (p), (t) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1103 (a) (6) 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:
	87 FR 35999	06/14/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 55042	09/08/2022
Did the Agency receive public comments on this ICR? Yes

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

table that charts list of burden

IC Title	Form No.	Form Name
Form ETA-9141 and Related Requirements	ETA 9141	Application for Prevailing Wage Determination
Form ETA-9165 Requirements	ETA 9165	Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OEWS Survey

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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	331,339	320,850	0	278	10,211	0
Annual Time Burden (Hours)	148,629	143,194	0	117	5,318	0
Annual Cost Burden (Dollars)	213,953	0	0	213,953	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 Department proposes minor modifications to the Form ETA-9141, its appendix, the Form ETA-9165, and the accompanying form instructions to improve the collection for the Department’s PWDs. The Department has determined that the proposed minor revisions to the Form ETA-9141 and Form ETA-9141, General Instructions, will not have a significant impact on the time burden for completion of the Form ETA-9141 because these changes do not require employers to provide additional information, but merely clarify how and when employers should respond to existing information collections. The incorporation of the Form ETA-9165 into this ICR transfers the number of responses (278) and hourly burden (117), and cost burden of $213,953 imposed by the Form ETA-9165 from OMB Control Number 1205-0509 into this ICR, OMB Control Number 1205-0508. The Department has determined that the minor change to Item E.9.b and the update of references to the OEWS in the Form ETA-9165 will not have a significant impact on the time burden for completion of the Form ETA-9165 because the number of workers surveyed in an employer-provided survey should be readily available to the employer. The total number of responses, burden hours, and monetized costs associated with Form ETA-9141 under this ICR differ from previous estimates. The estimated number of annual responses, burden hours, and monetized cost of respondent time associated with Form ETA-9141 have increased from previous estimates. The annual responses increased by 10,211, an increase of 3.3% between 2018 and 2022. To estimate the annual burden hours more accurately under this ICR, the Department utilized a three-year average of the total number of respondents that file the Form ETA-9141 during the three precedent FYs (148,512, compared to the previous estimate of 143,194 during the last renewal cycle). The burden hours increased by 5,318, an increase of 3.8% between 2018 and 2022. The Department’s estimated total monetized cost is $12,639,822. The change reflects estimates based on the average of prevailing wage data for FYs 2019, 2020, and 2021. This monetized cost increased by $1,442,043, an increase of 12.97% from the previous year FYs 2016, 2017, and 2018. However, the largest source of increased program burden cost is due to the increase in the hourly rate between 2018 and 2022, for the burden activities carried out by 11-3121, Human Resources Managers, which increased from $78.20 to $85.11

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Annual Cost to Federal Government: $7,715,088

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? 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: 09/08/2022

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