Application for Alien Employment Certification

OMB Control No: 1205-0015	ICR Reference No: 201010-1205-002
Status: Historical Active	Previous ICR Reference No: 200709-1205-001
Agency/Subagency: DOL/ETA	Agency Tracking No: Foreign Labor
Title: Application for Alien Employment Certification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/19/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/24/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2014	36 Months From Approved	04/30/2011
Responses	2,035	0	38,635
Time Burden (Hours)	3,696	0	56,426
Cost Burden (Dollars)	207,747	0	1,318,838

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Abstract: This information collection permits DOL to meet its statutory responsibilities for program administration, management, and oversight under the Immigration and Naturalization Act. The Form ETA 750, part A, collects information needed for the professional athlete labor certification program for both temporary and permanent athletes. The H-2B program establishes a means for employers to bring nonimmigrant aliens to the U.S. to perform nonagricultural work of a temporary or seasonal nature as defined in 8 U.S.C. § 1101 (a)(15)(H)(ii)(b) and explained in 8 CFR § 214.2(h)(6). Professional athletes are included in the H-2B program. The Form ETA 750 Part B is collects information about the professional athlete on whose behalf an application for permanent labor certification is filed. Part B is also required by the DHS for aliens applying for the National Interest Waiver (NIW) of the job offer requirement. Part B provides detailed information about an alien's education and work history as required and explained in 8 CFR § 204.5(k)(4)(ii).

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Authorizing Statute(s): US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act    US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act    US Code: 8 USC 1182(a)(5) 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:
	75 FR 51484	08/20/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 4131	01/24/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name H-2B application: Part A, ETA 750 ETA-750, Part A Application for Alien Employment Certification National Interest Waiver application utilizing Part B, ETA-750 ETA 750 Part B Applicaiton for Alien Employment Certification Application for Alien Employment Certification, Parts A&B, for Athletes ETA-750, Part A, ETA-750 Part B Application for Alien Employment Certification, Part B ,   Application for Alien Employment Certification, Part A

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ICR Summary of Burden

	Total Approved	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	2,035	38,635	0	0	-36,600	0
Annual Time Burden (Hours)	3,696	56,426	0	0	-52,730	0
Annual Cost Burden (Dollars)	207,747	1,318,838	0	0	-1,111,091	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 annual burden for these information collections decreased from 56,426 to 3,696 hours resulting in a decrease of 36,600 responses, 52,730 hours, and $1,111,091 over ETA's previous estimate. This change is due to new regulations by the Department for its temporary labor certification programs, which now use ETA Form 9142 (OMB 1205-0466). The ETA Form 750 parts A and B are used for certifications for professional athletes at the Department of Labor and the NIW program at USCIS. The burden for the programs that use the forms has been accounted for above and the decreased burden due to the temporary labor certification programs has been shifted to the information collection under that control number.

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Annual Cost to Federal Government: $225,173

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Eugenia Ordynsky 202-693-3762 [email protected]

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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: 01/24/2011

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