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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 202408-1205-001 · 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
1205-0310_Supporting Statement_clean.docx Supporting Statement A Uploaded 2024-08-06 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 202408-1205-001
Received in OIRA 202108-1205-005
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 09/12/2024
  Requested Previously Approved
36 Months From Approved 12/31/2024
645,353 635,520
843,989 834,305
41,140 94,880
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
  89 FR 37263 05/06/2024
89 FR 74291 09/12/2024
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 645,353 635,520 0 0 9,833 0
Annual Time Burden (Hours) 843,989 834,305 0 0 9,684 0
Annual Cost Burden (Dollars) 41,140 94,880 0 0 -53,740 0
No
No
The Department currently proposes extensions of Form ETA-9035/9035E, Form ETA-9035/9035E - Appendix A, Form ETA-9035CP, and Form WH-4 without change. While there are not changes to the burden estimates associated with form changes, there are changes to the estimates based on increases in LCA filings, decreases to WH-4 complaint filings, and significant changes to the calculations because of the now standardized use of the hourly compensation rate for the Human Resources Specialist classification, rather than the Human Resources Manager classification. The Department projects that the annual burden for LCA information collections will increase from 834,305 to 843,989 burden hours. The Department makes this projection based on an increase of LCA filings received in FY 2021, 2022, and 2023, which increased from the previous estimate of 543,085 to the new estimate of 550,028. There is a decrease in the projected estimates for the WH-4 complaint form from 218 filings to 97 filings, also based on filings received over the same fiscal year timeframe. (See Section A.12 above.) Factoring in the changes to the projected filings for the LCA and WH-4 forms, there is an increase in the estimated number of burden hours from 834,305 to 843,989.
$1,313,561
No
    No
    No
No
No
Yes
No
Patrice Gibson 202 693-0158 [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.
09/12/2024