Application for Permanent Employment Certification

OMB Control No: 1205-0451	ICR Reference No: 201101-1205-004
Status: Historical Active	Previous ICR Reference No: 200707-1205-012
Agency/Subagency: DOL/ETA	Agency Tracking No: 012-05-01-02-01-2045-00
Title: Application for Permanent Employment Certification
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/17/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/17/2011
Terms of Clearance: DOL/ETA/OFLC must resubmit a revision to this ICR in order to use an online version of this form once it becomes available.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2014	36 Months From Approved	08/31/2011
Responses	94,600	0	440,415
Time Burden (Hours)	223,331	0	340,585
Cost Burden (Dollars)	750,000	0	2,500,000

---

Abstract: The application form and other information requirements are necessary to the collection of information from U.S. employers wishing to sponsor foreign labor for permanent residency through the Labor Certification process. The information collected is used by the Secretary of Labor to make the necessary certification in compliance with the Immigration and Nationality Act as amended.

---

Authorizing Statute(s): US Code: 8 USC 1182(a)(5) Name of Law: Immigration and Nationality Act    US Code: 8 USC 1153(b)(3) Name of Law: Immigration and Nationality Act

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 2143	01/12/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 35472	06/17/2011
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Application for Permanent Employment Certification ETA 9089, ETA 9089 Application for Permanent Foreign Labor Certification ,   Application for Permanent Foreign Labor Certification

---

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	94,600	440,415	0	0	-345,815	0
Annual Time Burden (Hours)	223,331	340,585	0	0	-117,254	0
Annual Cost Burden (Dollars)	750,000	2,500,000	0	0	-1,750,000	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 decreased due to fewer applications being filed as a result of the economic downturn.

---

Annual Cost to Federal Government: $15,086,233

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: Bonnie Naradzay 202-693-3675 [email protected]

---

Common Form ICR:  No

---

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: 06/17/2011

---