[Federal Register: September 11, 2003 (Volume 68, Number 176)]
[Notices]
[Page 53616-53617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se03-92]
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DEPARTMENT OF LABOR
Employment and Training Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Labor Condition Applications and
Requirements for Employers Using Nonimmigrants on H-1B Visas in
Specialty Occupations and as Fashion Models
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
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[[Page 53617]]
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general 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 (PRA95), 44 U.S.C. 3506(c)(2)(A). This program helps to
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, the Employment and Training Administration is soliciting
comments concerning the proposed extension to the collection of
information on the Labor Condition Application for H-1B nonimmigrants.
A copy of the proposed Information Collection Request (ICR) can be
obtained by contacting the office listed below in the addresses section
of this notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before November 10, 2003.
ADDRESSES: Comments and questions regarding the collection of
information on Form ETA 9035, Labor Condition Application for H-1B
Nonimmigrants, should be directed to William L. Carlson, Chief,
Division of Foreign Labor Certification, U.S. Department of Labor, 200
Constitution Avenue, NW., Room C-4318, Washington, DC 20210, (202) 693-
3010 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Immigration and Naturalization Act (INA) requires that before
any alien may be admitted or otherwise provided status as an H-1B
nonimmigrant, the prospective employer must have filed with the
Department of Labor (Department) a Labor Condition Application (LCA)
stating that they will offer prevailing wages and working conditions,
that there is not a strike or lockout in the course of a labor dispute
in the occupational classification at the place of employment, and that
they have provided notice of such filing to the bargaining
representative or, if there is none, by posting notice of filing in
conspicuous locations at the place of employment. Further, the employer
must make certain documentation available for public examination. The
Department's review of LCA's is limited by law solely to a review for
completeness or ``obvious inaccuracies.'' Complaints may be filed with
the Department alleging a violation of the LCA process. If reasonable
cause is found to believe a violation has been committed, the
Department will conduct an investigation and, if appropriate, assess
penalties. The INA places a limit on the number of aliens who can be
admitted to the U.S. on H-1B visas or otherwise provided H-1B
nonimmigrant status (195,000 in FY `03 and 65,000 in each succeeding
fiscal year). The INA generally limits these workers to a maximum of
six years duration of stay under H-1B status although extensions are
permitted for certain aliens on whose behalf an alien labor
certification or employment-based immigrant petition has been pending
for 365 days or more.
The INA requires that the Department make available for public
examination in Washington, DC, a list of employers which have filed
LCA's.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
[sbull] Evaluate whether the proposed information collection is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
[sbull] 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;
[sbull] Enhance the quality, utility, and clarity of the
information to be collected; and
[sbull] 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 collections
techniques or other forms of information, e.g., permitting electronic
submissions of responses.
III. Current Actions
In order for the Department to meet its statutory responsibilities
under the INA there is a need for an extension of an existing
collection of information pertaining to the Labor Condition Application
and Requirements for Employers Using Nonimmigrants on H-1B Visas in
Specialty Occupations and as Fashion Models.
Type of Review: Extension of a currently approved collection
without change.
Agency: Employment and Training Administration, Labor.
Title: Labor Condition Application and Requirements for Employers
Using Nonimmigrants on H-1B Visas in Specialty Occupations and as
Fashion Models.
OMB Number: 1205-0310.
Affected Public: Businesses or other for-profit; not-for-profit
institutions; Federal government; State, Local or Tribal government.
Form: Form ETA 9035.
Total Respondents: 250,000.
Frequency of Response: On occasion.
Total Responses: 250,050.
Average Burden Hours per Response: 1.25.
Estimate Total Annual Burden Hours: 250,050.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the ICR; they will also be a matter of public record.
Signed at Washington DC, this 4th day of September, 2003.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 03-23133 Filed 9-10-03; 8:45 am]
BILLING CODE 4510-30-P