Application for Permanent Employment Certification

Forms and Documents

Document Name	Status
Statutory and Regulatory References.pdf Supplementary Document	2018-04-24
1205-0451 Supporting Statement_FINAL 4.19.18.docx Supporting Statement A	2018-04-24

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: 201711-1205-002
Status: Historical Active	Previous ICR Reference No: 201411-1205-005
Agency/Subagency: DOL/ETA	Agency Tracking No: 012-05-01-02-01-2045-00
Title: Application for Permanent Employment Certification
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/09/2018
	Date Received in OIRA: 12/01/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2021	36 Months From Approved	05/31/2018
Responses	113,304	0	295,472
Time Burden (Hours)	226,740	0	227,687
Cost Burden (Dollars)	467,000	0	467,000

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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:
	82 FR 40807	08/28/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 57618	12/06/2017
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
Application for Permanent Employment Certification	ETA-9089, ETA-9089	Application for Permanent Employment Certification (Screenshots) ,   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	113,304	295,472	0	0	-182,168	0
Annual Time Burden (Hours)	226,740	227,687	0	-378	-569	0
Annual Cost Burden (Dollars)	467,000	467,000	0	0	0	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 estimated burden hours and associated costs have changed due to updated projections based on more recent programmatic experience, including adjustments to anticipated annual application volumes and the average reporting time per application. The Department reported during the last renewal cycle that it would receive 67,900 applications per year in connection with the PERM program; that DHS would receive 1,300 Form ETA-9089s in lieu of the Form ETA-750 for its NIW application process, and 4,200 for Schedule A and Sheepherder applications combined. The Department now estimates an increase in applications for the upcoming FY2018-FY2020 years. It is estimated that approximately 113,304 PERM applications will be submitted, in average, annually (107,254 submitted to ETA, 1,430 submitted to DHS via the NIW application process, and 4,620 submitted to DHS for Schedule A and Sheepherder applications). The edits to the form and instructions do not cause the burden increase reported by OFLC. The new projections are made based on past filings, current filing trends and the general improvement of OFLC’s methodology for arriving at these estimates.

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Annual Cost to Federal Government: $20,889,616

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.     Yes

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.     Yes

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: 12/01/2017

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