Application for Prevailing Wage Determination

Forms and Documents

Document Name	Status
Form ETA 9165 Form ETA-9165 Requirements Form	Removed
Form ETA 9141 Form ETA-9141 and Related Requirements Form	Modified
1205-0508 Supporting Statement_8.13.24.docx Supporting Statement A	2024-08-13

IC Document Collections

IC ID	Document Title	Status
255327	Form ETA-9165 Requirements Form	Removed
204363	Form ETA-9141 and Related Requirements Form	Modified

ICR Details

OMB Control No: 1205-0508	ICR Reference No: 202408-1205-004
Status: Received in OIRA	Previous ICR Reference No: 202208-1205-005
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	Date Submitted to OIRA: 11/18/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2026
Responses	462,470	331,339
Time Burden (Hours)	211,425	148,629
Cost Burden (Dollars)	0	213,953

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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:
1205-AC15	Proposed rulemaking	89 FR 90646	11/18/2024

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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: 1

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

	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	462,470	331,339	0	131,131	0	0
Annual Time Burden (Hours)	211,425	148,629	0	62,796	0	0
Annual Cost Burden (Dollars)	0	213,953	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. The answer provided in A.12 provides more information regarding this burden increase. The chart below shows the changes being requested under this ICR. All estimates have been rounded up to the nearest dollar.

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Annual Cost to Federal Government: $5,578,740

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: 11/18/2024

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