95-1394. Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models  

  • [Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
    [Rules and Regulations]
    [Pages 4028-4033]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1394]
    
    
    
    
    [[Page 4027]]
    
    _______________________________________________________________________
    
    Part VII
    
    
    
    
    
    Department of Labor
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Employment and Training Administration
    
    
    
    Wage and Hour Division
    
    
    
    _______________________________________________________________________
    
    
    
    20 CFR Part 655
    
    
    
    29 CFR Part 507
    
    
    
    Labor Condition Applications and Requirements for Employers Using 
    Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion 
    Models; Final Rule
    
    Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / 
    Rules and Regulations
    
    [[Page 4028]]
    
    
    DEPARTMENT OF LABOR
    
    Employment and Training Administration
    
    20 CFR Part 655
    
    RIN 1205-AA89
    Wage and Hour Division
    
    29 CFR Part 507
    
    RIN 1215-AA69
    
    
    Labor Condition Applications and Requirements for Employers Using 
    Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion 
    Models
    
    AGENCIES: Employment and Training Administration and Wage and Hour 
    Division, Employment Standards Administration, Labor.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Employment and Training Administration (ETA) and the 
    Employment Standards Administration of the Department of Labor 
    published final regulations governing the filing and enforcement of 
    labor condition applications filed by employers seeking to employ 
    foreign workers in specialty occupations and as fashion models of 
    distinguished merit and ability under the H-1B nonimmigrant 
    classification. At that time, ETA submitted the information collection 
    requirements to the Office of Management and Budget (OMB) under the 
    Paperwork Reduction Act of 1980. This document amends the December 20, 
    1994, Federal Register document to display the OMB control numbers and 
    announces the effective date for the sections containing information 
    collection requirements for which OMB approval has been received.
    
    DATES: The revision of 20 CFR part 655 and 29 CFR part 507 published 
    December 20, 1994 (59 FR 65646) and these amendments are effective 
    January 19, 1995. Form ETA 9035, published as an appendix to this 
    document, may be used on or after January 19, 1995. The prior version 
    of Form ETA 9035, published at 57 FR 1316, 1339-1342 (January 13, 1992) 
    will be accepted for filing through January 18, 1995.
    
    FOR FURTHER INFORMATION CONTACT:
    On 20 CFR part 655, subpart H, and 29 CFR part 507, subpart H, contact 
    Mr. Patrick Stange, Nonagricultural Unit, Division of Foreign Labor 
    Certifications, U.S. Employment Service, Employment and Training 
    Administration, Department of Labor, Room N-4456, 200 Constitution 
    Avenue, NW., Washington, DC 20210. Telephone: (202) 219-5263 (this is 
    not a toll-free number).
        On 20 CFR part 655, subpart I, and 29 CFR part 507, subpart I, 
    contact Mr. Thomas Shierling, Wage and Hour Division, Employment 
    Standards Administration, Department of Labor, Room S-3502, 200 
    Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 219-
    7605 (this is not a toll-free number).
    
    SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act's (PRA's) 
    provisions on information collection are triggered when an employer 
    files a labor condition application on Form ETA 9035 with the 
    Department of Labor (Department), as a condition for being able to 
    employ a professional in a specialty occupation or a fashion model of 
    distinguished merit and ability under the H-1B nonimmigrant 
    classification. The labor condition application is a prerequisite to 
    filing a petition with the Immigration and Naturalization Service of 
    the Department of Justice (INS) for approval under such nonimmigrant 
    classification. Employers are required to file labor condition 
    applications with the Department attesting to certain conditions 
    related to the employment of H-1B nonimmigrants.
        The labor condition applications, required under sections 
    101(a)(15)(H)(i)(b) and 212(n) of the Immigration and Nationality Act 
    (8 U.S.C. 1101 et seq.), pertain to the absence of adverse effect on 
    wages and working conditions, absence of a strike or lockout in the 
    occupation in which H-1B nonimmigrants are to be employed at the place 
    of employment, and provision of notice of filing to the employer's 
    employees and to H-1B nonimmigrants employed by the employer. 
    Attestations are made on Form ETA 9035, a copy of which is published as 
    an appendix to this document, but which will not be codified in the 
    Code of Federal Regulations.
        The attestation process is administered by the Employment and 
    Training Administration (ETA) of the Department, while complaints and 
    investigations regarding the labor condition applications filed by 
    employers are handled by the Wage and Hour Division of the Department's 
    Employment Standards Administration (ESA).
        Public reporting burden for this collection of information is 
    estimated to average 1\1/4\ hours including the time for reviewing 
    instructions, searching existing information/data sources, gathering 
    and maintaining the information/data needed, and preparing the 
    application.
        The Office of Management and Budget (OMB) reviewed the collection 
    of information requirements for employers filing labor condition 
    applications as a condition to petition INS for H-1B nonimmigrant 
    classification in accordance with the PRA, 44 U.S.C. 3501 et seq., and 
    5 CFR part 1320. OMB approved all information requirements contained in 
    20 CFR part 655, subpart H, and 29 CFR part 507, subpart H, under OMB 
    clearance number 1205-0310.
        On January 10, 1995, OMB approved the information collection 
    provisions until November 30, 1997.
    
    Authority
    
        8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n) and 1184, and 29 U.S.C. 49 
    et seq., and Pub. L. 102-232, 105 stat. 1733, 1748 (8 U.S.C. 1182 
    note).
    
        Signed at Washington, DC, this 13th day of January, 1995.
    Doug Ross,
    Assistant Secretary for Employment and Training.
    Bernard E. Anderson,
    Assistant Secretary for Employment Standards.
    
        Title 20, part 655, subpart H, and title 29, part 507, subpart H, 
    of the Code of Federal Regulations are hereby amended as follows:
    
    PART 655--[AMENDED]
    
        1. The authority citation for 20 CFR part 655 continues to read as 
    follows:
    
        Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H) 
    (i) and (ii), 1182 (m) and (n), 1184, 1188, and 1288(c) 29 U.S.C. 49 
    et seq.; sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8 
    U.S.C. 1182 note); sec 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 
    (8 U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i).
        Section 655.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii) 1184, 
    and 1188; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
        Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 
    1184; 29 U.S.C. 49 et seq., and 8 CFR 214.2(H)(4)(i).
        Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184, and 
    1188; and 29 U.S.C. 49 et seq.
        Subparts D and E issued under 8 U.S.C. 1101(a)(15)(H)(i)(a), 
    1182(m), and 1184; 29 U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L. 
    101-238, 103 Stat. 1733, 1748 (8 U.S.C. 1182 note).
        Subparts F and G issued under 8 U.S.C. 1184 and 1288(c); and 29 
    U.S.C. 49 et seq.
        Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b), 
    1182(n), and 1184; 29 U.S.C. 49 et seq.; and sec. 303(a)(8), Pub. L. 
    102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1182 note).
        Subparts J and K issued under 29 U.S.C. 49 et seq.; and sec. 
    221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).
    
    
    [[Page 4029]]
    
        2. In 20 CFR 655.730, by adding a parenthetical, as follows, at the 
    end of the regulatory text:
    
    
    Sec. 655.730  Labor condition application.
    
    * * * * *
    (Approved by the Office of Management and Budget under control 
    number 1205-0310.)
    
        3. In 20 CFR 655.760, by adding a parenthetical, as follows, at the 
    end of the regulatory text:
    
    
    Sec. 655.760  Public access; retention of records.
    
    * * * * *
    (Approved by the Office of Management and Budget under control 
    number 1205-0310).
    
    PART 507--[AMENDED]
    
        4. The Authority citation for title 29 CFR part 507, subparts H and 
    I, continues to read as follows:
    
        Authority: 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184, and 
    29 U.S.C. 49 et seq., and Pub. L. 102-232, 105 stat. 1733, 1748 (8 
    U.S.C. 1182 note).
    
        5. In 29 CFR 507.730, by adding a parenthetical, as follows, at the 
    end of the regulatory text:
    
    
    Sec. 507.730  Labor condition application.
    
    * * * * *
    (Approved by the Office of Management and Budget under control 
    number 1205-0310.)
    
        6. In 29 CFR 507.760, by adding a parenthetical, as follows, at the 
    end of the regulatory text:
    
    
    Sec. 507.760  Public access; retention of records.
    
    * * * * *
    (Approved by the Office of Management and Budget under control 
    number 1205-0310.)
    
        Note: The following appendices will not appear in the Code of 
    Federal Regulations.
    
    Appendix 1 (Not To Be Codified in the CFR): Form ETA 9035
    
        Printed below is a copy of Form ETA 9035.
    BILLING CODE 4510-30-M
    
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    BILLING CODE 4510-30-C
    
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    Appendix 2 (Not To Be Codified in the CFR): DOT Three-Digit 
    Occupational Groups Codes for Professional, Technical and Managerial 
    Occupations and Fashion Models
    
        Printed below is a copy of DOT Three-Digit Occupational Groups 
    Codes for Professional, Technical and Managerial Occupations and 
    Fashion Models.
    
    Three-Digit Occupational Groups
    
    Professional, Technical, and Managerial Occupations and Fashion Models
    
    Occupations in Architecture, Engineering, and Surveying
    001  Architectural Occupations
    002  Aeronautical engineering Occupations
    003  Electrical/Electronics Engineering Occupations
    005  Civil Engineering Occupations
    006  Ceramic Engineering Occupations
    007  Mechanical Engineering Occupations
    008  Chemical Engineering Occupations
    010  Mining and Petroleum Engineering Occupations
    011  Metallurgy and Metallurgical Engineering Occupations
    012  Industrial Engineering Occupations
    013  Agricultural Engineering Occupations
    014  Marine Engineering Occupations
    015  Nuclear Engineering Occupations
    017  Drafters
    018  Surveying/Cartographic Occupations
    019  Other Occupations in Architecture, Engineering, and Surveying
    Occupations in Mathematics and Physical Sciences
    020  Occupations in Mathematics
    021  Occupations in Astronomy
    022  Occupations in Chemistry
    023  Occupations in Physics
    024  Occupations in Geology
    025  Occupations in Meteorology
    029  Other Occupations in Mathematics and Physical Sciences
    Computer-Related Occupations
    030  Occupations in Systems Analysis and Programming
    031  Occupations in Data Communications and Networks
    032  Occupations in Computer System User Support
    033  Occupations in Computer System Technical Support
    039  Other Computer-Related Occupations
    Occupations in Life Sciences
    040  Occupations in Agricultural Sciences
    041  Occupations in Biological Sciences
    045  Occupations in Psychology
    049  Other Occupations in Life Sciences
    Occupations in Social Sciences
    050  Occupations in Economics
    051  Occupations in Political Science
    052  Occupations in History
    054  Occupations in Sociology
    055  Occupations in Anthropology
    059  Other Occupations in Social Sciences
    Occupations in Medicine and Health
    070  Physicians and Surgeons
    071  Osteopaths
    072  Dentists
    073  Veterinarians
    074  Pharmacists
    076  Therapists
    077  Dieticians
    078  Occupations in Medical and Dental Technology
    079  Other Occupations in Medicine and Health
    Occupations in Education
    090  Occupations in College and University Education
    091  Occupations in Secondary School Education
    092  Occupations in Preschool, Primary School, and Kindergarten 
    Education
    094  Occupations in Education of Persons With Disabilities
    096  Home Economists and Farm Advisers
    097  Occupations in Vocational Education
    099  Other Occupations in Education
    Occupations in Museum, Library, and Archival Sciences
    100  Librarians
    101  Archivists
    102  Museum Curators and Related Occupations
    109  Other Occupations in Museum, Library, and Archival Sciences
    Occupations in Law and Jurisprudence
    110  Lawyers
    111  Judges
    119  Other Occupations in Law and Jurisprudence
    Occupations in Religion and Theology
    120  Clergy
    129  Other Occupations in Religion and Theology
    Occupations in Writing
    131  Writers
    132  Editors: Publication, Broadcast, and Script
    139  Other Occupations in Writing
    Occupations in Art
    141  Commercial Artists: Designers and Illustrators, Graphic Arts
    142  Environmental, Product, and Related Designers
    149  Other Occupations in Art
    Occupations in Entertainment and Recreation
    152  Occupations in Music
    159  Other Occupations in Entertainment and Recreation
    Occupations in Administrative Specializations
    160  Accountants, Auditors, and Related Occupations
    161  Budget and Management Systems Analysis Occupations
    162  Purchasing Management Occupations
    163  Sales and Distribution Management Occupations
    164  Advertising Management Occupations
    165  Public Relations Management Occupations
    166  Personnel Administration Occupations
    168  Inspectors and Investigators, Managerial and Public Service
    169  Other Occupations in Administrative Occupations
    Managers and Officials
    180  Agriculture, Forestry and Fishing Industry Managers and Officials
    181  Mining Industry Managers and Officials
    182  Construction Industry Managers and Officials
    183  Manufacturing Industry Managers and Officials
    184  Transportation, Communication, and Utilities Industry Managers and 
    Officials
    185  Wholesale and Retail Trade Managers and Officials
    186  Finance, Insurance, and Real Estate Managers and Officials
    187  Service Industry Managers and Officials
    188  Public Administration Managers and Officials
    189  Miscellaneous Managers and Officials
    Miscellaneous Professional, Technical, and Managerial Occupations
    195  Occupations in Social and Welfare Work
    199  Miscellaneous Professional, Technical, and Managerial Occupations
    Sales Promotion Occupations
    297  Fashion Models
    
    [FR Doc. 95-1394 Filed 1-18-95; 8:45 am]
    BILLING CODE 4510-30-M
    
    

Document Information

Effective Date:
1/19/1995
Published:
01/19/1995
Department:
Wage and Hour Division
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-1394
Dates:
The revision of 20 CFR part 655 and 29 CFR part 507 published December 20, 1994 (59 FR 65646) and these amendments are effective January 19, 1995. Form ETA 9035, published as an appendix to this document, may be used on or after January 19, 1995. The prior version of Form ETA 9035, published at 57 FR 1316, 1339-1342 (January 13, 1992) will be accepted for filing through January 18, 1995.
Pages:
4028-4033 (6 pages)
RINs:
1205-AA89, 1215-AA69
PDF File:
95-1394.pdf
CFR: (4)
20 CFR 507.730
20 CFR 507.760
20 CFR 655.730
20 CFR 655.760