[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Notices]
[Pages 29894-29895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14071]
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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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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
addressee section below on or before August 2, 1999.
ADDRESSES: Comments and questions regarding the collection of
information on Form ETA 9035, Labor Condition Application for H-1B
Nonimmigrants, should be directed to James Norris, Chief, Division of
Foreign Labor Certifications, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-4456, Washington, DC 20210 ((202) 219-
5263 (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 a labor condition application 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. Complaints may be filed with the
Department alleging a violation of the labor condition application
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 (115,000 in FY
'99, 107,500 in FY '00, and 65,000 in FY '01). The INA further limits
these workers to a maximum of six years duration of stay under H-1B
status.
[[Page 29895]]
The INA requires that the Department make available for public
examination in Washington, DC, a list of employers which have filed
labor condition applications.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
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;
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 collections
techniques or other forms of information, e.g., permitting electronic
submissions of responses.
III. Current Actions
On January 5, 1999, the Department published a Notice of Proposed
Rulemaking (NPRM) and a request for comments in the Federal Register
(64 FR 628). The purpose of the NPRM was to implement statutory changes
in the H-1B visa program made to the INA by the American
Competitiveness and Workforce Improvement Act of 1998. The Department
is currently in the process of reviewing comments received in response
to the NPRM and preparing a final rule to implement the statutory
changes, including changes to the Form ETA 9035. The Department will be
requesting OMB approval of the changes to the information collection
request at the time that rule is published. However, since the current
OMB approval for the Form ETA 9035 expires June 30, 1999, there is a
need for an extension of the existing collection of information
pertaining to employers' seeking to use H-1B nonimmigrants in specialty
occupations or as fashion models of distinguished merit and ability.
This action is necessary in order for the Department to meet its
statutory responsibilities under the INA.
Type of Review: Extension of a currently approved collection
without change.
Agency: Employment and Training Administration, Labor.
Title: Labor Condition Applications 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.
Estimated 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 information collection request; they will also become a
matter of public record.
Signed at Washington, DC, this 27 day of May, 1999.
John R. Beverly III,
Director, Employment Service.
[FR Doc. 99-14071 Filed 6-2-99; 8:45 am]
BILLING CODE 4510-30-M
