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[Federal Register: January 10, 2001 (Volume 66, Number 7)]
[Page 2008]
From the Federal Register Online via GPO Access []



Employment and Training Administration

Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; State Alien Labor Certification Activity 

ACTION: Notice.


SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95), 44 U.S.C. 3506(c)(2)(A). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment and Training Administration is soliciting 
comments concerning the proposed extension to the collection of 
information on the Attestations by Facilities Temporarily Employing H-
1C Nonimmigrant Aliens as Registered Nurses. A copy of the proposed 
information collection request (ICR) can be obtained by contacting the 
office listed below in the addressee section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before March 12, 2001.

ADDRESSES: Comments and questions regarding the collection of 
information on Form ETA 9081, Attestations by Facilities Temporarily 
Employing H-1C Nonimmigrant Aliens as Registered Nurses, should be 
directed to Dale M. Ziegler, Chief, Division of Foreign Labor 
Certifications, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room C-4318, Washington, DC 20210 ((202) 693-3010 (this is not a toll-
free number)).


I. Background

    The information collection is required due to amendments creating a 
new H-1C nonimmigrant classification for aliens temporarily employed as 
registered nurses in the U.S. under section 212(m) of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) (INA). The amendments by 
the Nursing Relief for Disadvantaged Areas Act of 1999, pertain to a 
health care facility's: Qualification to employ H-1C nurses; payment of 
a wage which will not adversely affect wages and working conditions of 
similarly employed registered nurses; payment of wages to aliens at 
rates paid to other registered nurses similarly employed by the 
facility; taking timely and significant steps designed to recruit and 
retain U.S. nurses in order to reduce dependence on nonimmigrant 
nurses; absence of a strike/lockout or lay off of nurses; notice to 
workers of its intent to petition for H-1C nurses; percentages of H-1C 
nurses to be employed at the facility; and placement of H-1C nurses 
within the facility.
    Facilities must submit attestations to the Department of Labor 
(Department) as a condition for petitioning the Immigration and 
Naturalization Service for H-1C nonimmigrant nurses. Within the 
Department, the attestation process is administered by the Employment 
and Training Administration, while investigations and enforcement 
regarding the attestations is handled by the Employment Standards 
    The INA further requires that the Department make available for 
public examination in Washington, DC, a list of employers which have 
filed attestations, and for each such employer, a copy of the 
employer's attestation and accompanying documentation it has received.

II. Review Focus

    The Department of Labor is particularly interested in comments 
     Evaluate whether the proposed information collection is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information including the validity 
of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collections 
techniques or other forms of information, e.g., permitting electronic 
submissions of responses.

III. Current Actions

    In order for the Department to meet its statutory responsibilities 
under the INA there is a need for an extension of an existing 
collection of information pertaining to employers' seeking to use H-1C 
nonimmigrant aliens as registered nurses.
    Type of Review: Extension.
    Agency: Employment and Training Administration.
    Title: Attestations by Facilities Temporarily Employing H-1C 
Nonimmigrant Aliens as Registered Nurses.
    OMB Number: 1205-0415.
    Agency Number: Form ETA 9081.
    Recordkeeping: Annually.
    Affected Public: Businesses or other for-profit; Not-for-profit 
    Total Responses: 1.
    Average Time Per Response: 1 hour.
    Total Burden Cost (capital/startup): 0.
    Total Burden Cost (operating/maintaining): $25 per response.
    Comment Language: Comments submitted in response to this notice 
will be summarized and/or included in the request for Office of 
Management and Budget approval of the information collection request; 
they will also be become a matter of public record.

Signed at Washington D.C. this 22nd day of December, 2000.
Grace A. Kilbane,
Administrator, Office of Workforce Security.
[FR Doc. 01-728 Filed 1-9-01; 8:45 am]