This Information Collection Request (ICR) seeks approval under the Paperwork Reduction Act (PRA) to extend and revise this collection made necessary by a statutory requirement for a CW-1 temporary labor certification. More specifically, the Department of Labor (DOL or Department) proposes to extend the Form ETA-9142C, Application for Temporary Employment Certification and appendices, and Form ETA-9141C, Application for Prevailing Wage Determination to carry out responsibilities created for the Department under the Northern Mariana Islands U.S. Workforce Act of 2018 (Pub. L. 115-218).
The ETA Office of Foreign Labor Certification (OFLC) will continue to use this information collection to meet its statutory and regulatory responsibilities for administering the CW-1 temporary labor certification program. An employer seeking to employ CW-1 workers must file a completed CW-1 Application for Temporary Employment Certification (Form ETA-9142C), all appropriate appendices, and a valid Application for Prevailing Wage Determination, with the OFLC National Processing Center (NPC). These forms and all supporting documentation constitute the CW-1 application submitted by an employer to secure a temporary labor certification determination from the OFLC.
PL:
Pub.L. 115 - 218 2, 3, 132
Name of Law: Northern Mariana Islands U.S. Workforce Act of 2018 (the Workforce Act)
There are burden changes in connection with Forms ETA-9141C and ETA-9142C; specifically, the Department is reporting a decrease in the total annual burden hours have from 73,987 burden hours to 71,077.84 burden hours. The Department attributes these changes to the fact the CW-1 program has now been in place since April of 2019, and new estimates were based on most recent experience and good faith estimates derived through new methodology on how to project the future responses, per requirement and category, that might be received in the next three years. In addition, during this renewal cycle, the Department has made some necessary, clarifying changes to the Form ETA-9141C and its instructions, to make sure that form conforms to the general Form ETA-9141, which is used by employers in connection with most other foreign labor certification programs and for the labor condition application. These changes also improve readability and avoid grammatical errors or inaccuracies in the information collection tools. None of these changes prompted updates on the estimated time burdens disclosed.
After the Department published its 60-day FRN on May 19, 2021, the Bureau of Labor Statistics published its updated wage tables in June 2021, which resulted in revisions to the hourly costs and burden estimates from the 60-day FRN to the 30-day FRN.
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.