[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Notices]
[Pages 49317-49318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16691]


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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:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> 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