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
1205-0310_Supporting Statement_clean.docx Supporting Statement A	2024-08-06

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: 202408-1205-001
Status: Received in OIRA	Previous ICR Reference No: 202108-1205-005
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: 09/12/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2024
Responses	645,353	635,520
Time Burden (Hours)	843,989	834,305
Cost Burden (Dollars)	41,140	94,880

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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:
	89 FR 37263	05/06/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 74291	09/12/2024
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	645,353	635,520	0	0	9,833	0
Annual Time Burden (Hours)	843,989	834,305	0	0	9,684	0
Annual Cost Burden (Dollars)	41,140	94,880	0	0	-53,740	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 currently proposes extensions of Form ETA-9035/9035E, Form ETA-9035/9035E - Appendix A, Form ETA-9035CP, and Form WH-4 without change. While there are not changes to the burden estimates associated with form changes, there are changes to the estimates based on increases in LCA filings, decreases to WH-4 complaint filings, and significant changes to the calculations because of the now standardized use of the hourly compensation rate for the Human Resources Specialist classification, rather than the Human Resources Manager classification. The Department projects that the annual burden for LCA information collections will increase from 834,305 to 843,989 burden hours. The Department makes this projection based on an increase of LCA filings received in FY 2021, 2022, and 2023, which increased from the previous estimate of 543,085 to the new estimate of 550,028. There is a decrease in the projected estimates for the WH-4 complaint form from 218 filings to 97 filings, also based on filings received over the same fiscal year timeframe. (See Section A.12 above.) Factoring in the changes to the projected filings for the LCA and WH-4 forms, there is an increase in the estimated number of burden hours from 834,305 to 843,989.

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Annual Cost to Federal Government: $1,313,561

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: 09/12/2024

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