Application for Permanent Employment Certification

Forms and Documents

Document Name	Status
1205-0451_ETA-9089 PRA Supporting Statement_Final.docx Supporting Statement A	2014-08-29

IC Document Collections

IC ID	Document Title	Status
13315	Application for Permanent Employment Certification Other-Appendix	Modified

ICR Details

OMB Control No: 1205-0451	ICR Reference No: 201408-1205-003
Status: Historical Active	Previous ICR Reference No: 201101-1205-004
Agency/Subagency: DOL/ETA	Agency Tracking No: 012-05-01-02-01-2045-00
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
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/19/2014
	Date Received in OIRA: 08/29/2014
Terms of Clearance: DOL/ETA/OFLC will submit a change request showing the changes to the online version of this form agreed upon in this approval prior to using the new form version.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2017	36 Months From Approved	11/30/2014
Responses	295,472	0	94,600
Time Burden (Hours)	227,687	0	223,331
Cost Burden (Dollars)	467,000	0	750,000

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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 1153(b)(3) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1182(a)(5) 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:
	79 FR 25261	05/05/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 51612	08/29/2014
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	Application for Permanent Employment Certification ,   Application for Permanent Employment Certification

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ICR Summary 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	295,472	94,600	0	0	200,872	0
Annual Time Burden (Hours)	227,687	223,331	0	0	4,356	0
Annual Cost Burden (Dollars)	467,000	750,000	0	0	-283,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The annual burden for these information collections increased from 223,331 to 227,687 hours resulting in an increase of 4,356 hours over ETA's previous estimate. The burden hours have increased due to ETA's re-evaluation of the hourly burden for appeals. The number of employers being placed into supervised recruitment has decreased; therefore the annual cost burden has decreased from $750,000 to $467,000. The decrease in cost is due to the economic downturn of the last several years in which U.S. workers were unemployed and available for work thereby requiring fewer foreign workers to be brought in to the U.S. and fewer applications being filed.

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Annual Cost to Federal Government: $12,754,062

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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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: 08/29/2014

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