[Federal Register: August 23, 2005 (Volume 70, Number 162)]
[Notices]
[Page 49317-49318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au05-108]
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DEPARTMENT OF LABOR
Employment and Training Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Labor Condition Application for
Nonimmigrant Workers
ACTION: Notice.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) (44 U.S.C. 3506(c)(A)). This program helps to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
Currently, the Employment and Training Administration (ETA), Office of
National Programs is soliciting comments concerning the proposed
extension of the collection for ETA form 9035--Labor Condition
Application for Nonimmigrant Workers. A copy of the proposed
Information Collection Request (ICR) can be obtained by contacting the
office listed below in the addressee section of this notice.
DATES: Written comments must be submitted to the office listed in the
addressee's section below on or before October 24, 2005.
ADDRESSES: William L. Carlson, Chief, Division of Foreign Labor
Certification, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room C-4312, Washington, DC 20210. Mr. Carlson may be reached at (202)
693-3010; this is not a toll-free number.
FOR FURTHER INFORMATION CONTACT: Gregory Wilson, Program Analyst,
Division of Foreign Labor Certification, U.S. Department of Labor, 200
Constitution Avenue, NW., Room C-4312, Washington, DC 20210. Mr. Wilson
may also be reached at (202) 693-3010; this is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
The Immigration and Naturalization Act (INA) requires that before
any foreign worker may be admitted or otherwise provided status as an
H-1B, H-1B1, or E-3 nonimmigrant the prospective employer must have
filed with the Department of Labor (Department) a Labor Condition
Application (LCA). Employers must state on the LCA that they will offer
prevailing wages and working conditions, that there is not a strike or
lockout in the course of a labor dispute in the occupational
classification at the place of employment, and that they have provided
notice of filing in conspicuous locations at the place of employment.
Further, the employer must make certain documentation available for
public examination. The Department's review of each LCA filed is
limited by law solely to a review for completeness or ``obvious
inaccuracies.'' Complaints may be filed with the Department alleging a
violation of the LCA process. If reasonable cause is found to believe a
violation has been committed, the Department will conduct an
investigation and, if appropriate, assess penalties. The INA places a
limit on the number of foreign workers who can be admitted to the
United States on H-1B, H-1B1, or E-3 visas. The INA generally limits H-
1B workers to a maximum of a six-year duration of stay under H-1B
status, although extensions are permitted for certain foreign workers
on whose behalf a labor certification or employment-based immigrant
petition has been pending for 365 days or more. The INA requires that
the Department make available for public examination in Washington, DC,
a list of employers which have filed LCAs.
II. Review Focus
Currently, the Department is soliciting comments concerning the
proposed extension of the collection for ETA form 9035--Labor Condition
Application for Nonimmigrant Workers. The Department is particularly
interested in comments which:
Evaluate whether the proposed information collection is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information
[[Page 49318]]
including the validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information, e.g., permitting electronic
submissions of responses.
A copy of the proposed ICR can be obtained by contacting the office
listed above in the addressee section of this notice.
III. Current Actions
Type of Review: Extension with change.
Agency: Employment and Training Administration, Labor.
Title: Labor Condition Application for Nonimmigrant Workers.
OMB Number: 1205-0310.
Affected Public: Businesses or other for-profit institutions;
Federal government; State, local, or tribal government.
Form: ETA 9035.
Total Respondents: 200,000.
Frequency of Response: On occasion.
Total Responses: 325,200.
Average Burden Hours per Response: 45 minutes.
Estimate Total Annual Burden Hours: 279,170.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the ICR; they will also become a matter of public record.
Dated: August 17, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 05-16691 Filed 8-22-05; 8:45 am]
BILLING CODE 4510-30-M