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Federal forms, ICRs, and supporting documents

Information Collection Request

Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form

ICR 202108-1205-005 · OMB 1205-0310 · Received in OIRA

Forms and Documents
DocumentTypeStatusAvailability
Form ETA-9035CP Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants Form and Instruction Modified Repair queued
30-day FRN (1205-0310) published.pdf Supplementary Document Uploaded 2021-09-28 Missing upstream
60-day FRN (1205-0310) published.pdf Supplementary Document Uploaded 2021-09-27 Repair queued
Form ETA-9035 9035E Appendix A - 508 Compliant 091421.pdf Supplementary Document Uploaded 2021-09-21 Missing upstream
1205-0310 Supporting Statement 091421.docx Supporting Statement A Uploaded 2021-09-21 Repair queued
IC Document Collections
IC IDCollectionTypeStatusForm
186917 Violation Reporting Instruction Modified
13104 Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants Form and Instruction Modified
ICR Details
1205-0310 202108-1205-005
Received in OIRA 201905-1205-012
DOL/ETA
Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form
Extension without change of a currently approved collection   No
Regular 09/28/2021
  Requested Previously Approved
36 Months From Approved 10/31/2021
635,520 694,215
834,305 898,212
94,880 906,960
The application form and other information collection instruments are to be used by employers seeking to use non-immigrants (H-1B, H-1B1, E-3) in specialty occupations and as fashion models or by those who want to report violations and will permit the Department to meet its statutory responsibilities for program administration, management, and oversight.
US Code: 8 USC 1101(a)(15)(E)(iii) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1182(n), 1182(t), 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(i)(B)(1) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(i)(B), Name of Law: Immigration and Nationality Act
  
None
Not associated with rulemaking
  86 FR 22457 04/28/2021
86 FR 53688 09/28/2021
Yes
  Total Request 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 635,520 694,215 0 0 -58,695 0
Annual Time Burden (Hours) 834,305 898,212 0 0 -63,907 0
Annual Cost Burden (Dollars) 94,880 906,960 0 0 -812,080 0
No
No
The Department projects that the annual burden for LCA information collections will decrease from 898,212 burden hours to 834,305 burden hours. The Department makes this projection based on recent filings of H-1B, H-1B1, and E-3 requests received since the implementation of the current form. (See the response to A12 for details.) The number of LCA responses decreased from 569,260 to 543,085, which may be partly attributable to improvements to the LCA form to collect more worksite locations on a single form. As a result of the decrease in the estimated number of burden hours from 898,212 to 834,305, there is likewise a resulting decrease in the estimated total respondent costs from $74,353,989 to $70,824,150. The Department has made a couple non-substantive changes to the Form ETA-9035/9035E Public Burden Statement. The room number for the Department’s mailing address has been changed and the Public Burden Statement has been moved from the form to the form instructions.
$2,519,214
No
    No
    No
No
No
Yes
No
Emily St. Onge 202 693-2605 [email protected]
  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
09/28/2021