Non-Sub Justification

Work Opportunity Tax Credit (WOTC) Program

OMB Control Number: 1205-0371

OMB Expiration Date: 05/31/2026

No material/Non-Substantive Change Request

The Department of Labor’s Employment and Training Administration (ETA) is submitting this non-material change request to include the Spanish version of ETA Form 9061, Individuals Characteristics Form, under the currently approved information collection for the Work Opportunity Tax Credit (WOTC, OMB Control No. 1205-0371). ETA plans to make available the Spanish version of ETA Form 9061 on its WOTC program website after this administrative action is approved.

Background

ETA published a 60-day Request for Comment Notice in the Federal Register on November 17, 2022 (87 FR 69048) soliciting comments concerning a proposed extension with revisions for the authority to conduct the information collection request (ICR) titled, “Work Opportunity Tax Credit (WOTC).” The information collection consists of six (6) WOTC processing forms, including ETA Form 9061, Individual Characteristics Form, and ETA Form 9061, Spanish Version ICF, currently approved under OMB Control Number 1205-0371. Through the ICR, ETA revised the forms and OMB approved the extension with revisions through May 31, 2026.

ETA Form 9061 is completed by the respondent (job applicant and/or the employer). The form contains detailed applicant characteristic questions, such as whether the job applicant is a recipient of public welfare services, designed to help State Workforce Agencies determine applicant eligibility for the work opportunity credit. To request targeted group eligibility verification of new hires, employers submit ETA Form 9061 (together with IRS Form 8850, Pre-Screening Notice and Certification Request for the WOTC), to the appropriate SWA for processing. The Spanish - ETA Form 9061 is available online¹ for translation purposes, only. Respondents (job applicants or employers) may reference the Spanish version of Form 9061 to successfully complete the English version of Form 9061, which is the only version SWAs may accept for processing.

At the time of OMB approval for the WOTC information collection requested (May 31, 2023), the revised English - ETA Form 9061 had not been translated into Spanish. Included in this non-substantive ICR submission is the Spanish – ETA Form 9061, previously approved under the information collection activity approved under 1205-0371, and the appendix public burden estimate. The public burden statement on Spanish – ETA Form 9061 has also been updated to reflect the new ETA-PRA email address: ETA-PRA@dol.gov.

Request

The Department is requesting that the estimate respondent burden approved under 1205-0371 be extended to include the Spanish – ETA Form 9061.

Note the public burden estimate is not affected by the approval of Spanish - ETA Form 9061, as this form is used by the respondent for translation purposes, only, in successfully completing the English – ETA Form 9061 which is used for official processing.

The total number of responses, burden hours, and monetized costs associated with all collections under this ICR remains the same from previous estimates. The chart below shows the estimate public burden requested under this ICR, last approved by OMB in May 2023. All estimates have been rounded up to the nearest dollar.

Appendix: Work opportunity Tax Credit – Public Burden Estimate

OMB Control Number (1205-0371)

The Department estimates 1,986,479 annual burden hours for this information collection non-substantive change to ETA Form 9061.

	Currently Approved Estimates under OMB No. 1205-0371 (As of 05/31/2023)	New Burden Estimates (With addition of Spanish - ETA 9061)	+/- Change in Burden Estimates
Annual Responses ETA Form 9061	6,019,634	0	+ 0
Burden Hours ETA Form 9061	1,986,479	n/a	+ 0
Cost of Time ETA Form 9061	$14,401,972	n/a	+ $0

1 See English and Spanish Form 9061 available online at https://www.dol.gov/agencies/eta/wotc/how-to-file.