CW-1 Application for Temporary Employment Certification
Revision of a currently approved collection
No
Regular
04/30/2026
Requested
Previously Approved
36 Months From Approved
05/31/2026
16,775
159,353
31,914
71,078
0
0
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.
US Code:
48 USC 1806
Name of Law: Immigration and Transition
PL:
Pub.L. 115 - 218 2, 3, 132
Name of Law: Northern Mariana Islands U.S. Workforce Act of 2018 (the Workforce Act)
The estimated burden hours and associated costs have changed due to updated methodology for providing projections based on more recent programmatic experience and processing efficiencies due to technology improvements, as well as adjustments to anticipated annual application volumes. The answer provided to A.12 provides more information regarding this burden.
The Department notes that it has adjusted the estimates it provided in its 60-day FRN published on February 3, 2026 (91 FR 4952) as it mistakenly projected a cumulative three-year estimate for number of responses, time burdens and costs, in lieu of providing estimates that show the average annual number of responses, time burdens and costs it projects will be incurred by the public in connection with this program. The initially provided estimates gave the appearance of higher estimates and an increase in burden and number of respondents. In addition, the Department reviewed the baseline figures that were initially used in its analysis for determining its estimates and updated figures resulted from such review. The 30-day FRN reflects the adjusted estimates, which includes data from fiscal year 2025, which only recently became available. These estimates are also shown in the answer provided to A.12 and discussed throughout this document.
ETA recognizes the 89.2% decrease in annual responses, 55.0% increase in burden hours, and 58.7% decrease in the cost of time for this PRA package. These changes can be attributed to: (1) a slightly lower overall application volume due to the Workforce Actâs stated goal of transitioning CNMI into the U.S. federal immigration system while gradually reducing reliance on foreign labor (the Act extended the CW-1 program only through December 31, 2029); ; and (2) a change from using the Standard Occupational Classification (SOC) Code 11-3121, Human Resources (HR) Manager, to SOC Code 13-1071, Human Resources Specialist.
OFLC has standardized its ICs, as the job duties required for the burdens identified in the IC more appropriately fall under the SOC Code 13-1071, HR, rather than SOC Code 11-3121, HR Manager. As the difference in the mean hourly wages between the two occupations is substantial, the change in the hourly rate has resulted in marginally reduced burden costs of time, despite the substantial increase in program burdens in responses received and total burden hours. In addition, ETA is also standardizing the applicable benefits factor that applies for its ICs. The benefits factor is determined by dividing the most recent BLS Employer Costs for Employee Compensation (ECEC) by the wages and salary costs for a worker population. BLS provides three ECEC rates based on the worker population: (1) civilian workers; (2) private sector workers; and (3) state and local (i.e., certain public sector) workers. OFLC has determined that the private sector worker ECEC is correct, as the burdens listed in A.12 being performed by HR Specialists are almost exclusively performed by employers in the private sector. Accordingly, as it relates to this rulemaking, the ECEC has been adjusted in our calculations. (See Section A.12 above.) Accordingly, for this PRA package, as explained above, the hourly rate changed from $28.67 in the previous Supporting Statement for HR Directors to the new rate of $24.27 for HR Specialists. This reduction in the hourly rate of $4.40 ($28.67 - $24.27) per burden hour for human resources activities is responsible for the overall slight reduction in total burden costs, despite a sizeable increase in the hourly cost for translators from $14.98 to $28.81. ETA will ensure that the HR Specialist SOC is the basis for calculating all of its future burden costs in all future ICRs requiring human resources functions.
Differences between the totals reflected in ROCIS and those presented in the supporting statement are due to differing calculation methodologies.
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.
Form ETA-9142C Final Determination
OSEC Approved 00. DM_signed (4.16.26).pdf
Supporting Statement (4.16.26).docx
CNMI Record Keeping and Misc. Activities