Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form

Forms and Documents

Document Name	Status
Form ETA-9035CP Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants Form and Instruction	Modified
30-day FRN (1205-0310) published.pdf Supplementary Document	2021-09-28
60-day FRN (1205-0310) published.pdf Supplementary Document	2021-09-27
Form ETA-9035 9035E Appendix A - 508 Compliant 091421.pdf Supplementary Document	2021-09-21
1205-0310 Supporting Statement 091421.docx Supporting Statement A	2021-09-21

IC Document Collections

IC ID	Document Title	Status
186917	Violation Reporting Instruction	Modified
13104	Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants Form and Instruction	Modified

ICR Details

OMB Control No: 1205-0310	ICR Reference No: 202108-1205-005
Status: Received in OIRA	Previous ICR Reference No: 201905-1205-012
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/28/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	635,520	694,215
Time Burden (Hours)	834,305	898,212
Cost Burden (Dollars)	94,880	906,960

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Abstract: The application form and other information collection instruments are to be used by employers seeking to use non-immigrants (H-1B, H-1B1, E-3) in specialty occupations and as fashion models or by those who want to report violations and will permit the Department to meet its statutory responsibilities for program administration, management, and oversight.

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Authorizing Statute(s): US Code: 8 USC 1101(a)(15)(E)(iii) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1182(n), 1182(t), 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(i)(B)(1) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(i)(B), 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:
	86 FR 22457	04/28/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 53688	09/28/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants	ETA-9035CP, ETA 9035 & 9035E	General Instructions for the 9035 & 9035E ,   Labor Condition Application for Nonimmigrant Workers
Violation Reporting	WH-4	Nonimmigrant Worker Information Form

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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	635,520	694,215	0	0	-58,695	0
Annual Time Burden (Hours)	834,305	898,212	0	0	-63,907	0
Annual Cost Burden (Dollars)	94,880	906,960	0	0	-812,080	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 Department projects that the annual burden for LCA information collections will decrease from 898,212 burden hours to 834,305 burden hours. The Department makes this projection based on recent filings of H-1B, H-1B1, and E-3 requests received since the implementation of the current form. (See the response to A12 for details.) The number of LCA responses decreased from 569,260 to 543,085, which may be partly attributable to improvements to the LCA form to collect more worksite locations on a single form. As a result of the decrease in the estimated number of burden hours from 898,212 to 834,305, there is likewise a resulting decrease in the estimated total respondent costs from $74,353,989 to $70,824,150. The Department has made a couple non-substantive changes to the Form ETA-9035/9035E Public Burden Statement. The room number for the Department’s mailing address has been changed and the Public Burden Statement has been moved from the form to the form instructions.

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Annual Cost to Federal Government: $2,519,214

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)? Yes

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: 09/28/2021

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