[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25621-25622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10185]
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DEPARTMENT OF LABOR
Employment and Training Administration
Comment Request for Information Collection for Form ETA-9089,
Application for Permanent Employment Certification (OMB Control Number
1205-0451), Extension of Currently Approved Collection
AGENCY: Employment and Training Administration (ETA), Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a
preclearance consultation program to provide the public and Federal
agencies with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program helps ensure that
requested data can be provided in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the impact of collection requirements on
respondents can be properly assessed.
Currently, ETA is soliciting comments concerning the collection of
data about Form ETA-9089, Application for Permanent Employment
Certification (OMB Control Number 1205-0451), which expires August 31,
2014. The form is used in DOL's employment-based immigration program by
employers to request permission to bring foreign workers to the United
States as immigrants, and in the Department of Homeland Security's
National Interest Waiver (NIW) program by individuals applying for a
waiver of the job offer requirement if the waiver is deemed to be in
the national interest.
DATES: Written comments must be submitted to the office listed in the
[[Page 25622]]
addresses section below on or before July 7, 2014.
ADDRESSES: Submit written comments to William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor Certification, Room C-4312,
Employment & Training Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
693-3010 (this is not a toll-free number). Individuals with hearing or
speech impairments may access the telephone number above via TTY by
calling the toll-free Federal Information Relay Service at 1-877-889-
5627 (TTY/TDD). Fax: 202-693-2768. Email: [email protected]
subject line: ETA-9089. A copy of the proposed information collection
request (ICR) can be obtained by contacting the office listed above.
SUPPLEMENTARY INFORMATION:
I. Background
The information collection on ETA Form 9089 is required by sections
203(b)(2) and (b)(3) and 212(a)(5)(A) of the Immigration and
Nationality Act (INA) (8 U.S.C. 1153(b)(2) and (3) and 1182(a)(5)(A)).
DOL and the Department of Homeland Security (DHS) have promulgated
regulations to implement the INA. Specifically for this collection, the
regulations at 20 CFR 656 and 8 CFR 204.5 (the regulations) are
applicable. Section 212(a)(5)(A) of the INA requires the Secretary of
Labor to certify that any alien seeking to enter the United States for
the purpose of performing skilled or unskilled labor is not adversely
affecting wages and working conditions of U.S. workers similarly
employed and that there are not sufficient U.S. workers able, willing,
and qualified to perform such skilled or unskilled labor. Before any
employer may request any skilled or unskilled alien labor, it must
submit a request for certification to the Secretary of Labor containing
the elements prescribed by the INA and the regulations. The regulations
require employers to document their recruitment efforts and to
substantiate the reasons no U.S. workers were hired.
II. Review Focus
DOL is particularly interested in comments that:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
III. Current Actions
In order to meet its statutory responsibilities under the INA, DOL
must extend without modification an existing collection of information
pertaining to employers seeking to import foreign labor. The form used
to collect the information is used not only by DOL, but also by
Department of Homeland Security U.S. Citizenship and Immigration
Services (USCIS) to meet the requirements of the INA. DOL uses the
information collected in its permanent certification program. USCIS
uses the form for its National Interest Waiver program, and to consider
employment-based immigration applications by employers of employees
engaged in Schedule A-Shortage Occupations, and by employers of
sheepherders.
Type of Review: extension.
Title: Form ETA-9089, Application for Permanent Employment
Certification.
OMB Number: 1205-0451.
Affected Public: Individuals or households, business or other for-
profits, and not-for-profit institutions, farms, and Federal, state,
local or tribal governments.
Form(s): ETA-9089.
Total Annual Respondents: 73,400.
Annual Frequency: On occasion.
Total Annual Responses: 295,472.
Average Time per Response: 46 minutes.
Estimated Total Annual Burden Hours: 227,687.
Total Annual Burden Cost for Respondents: $467,000.
Comments submitted in response to this comment request will be
summarized and/or included in the request for OMB approval of the ICR;
they will also become a matter of public record.
Eric M. Seleznow,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2014-10185 Filed 5-2-14; 8:45 am]
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