ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network


Chinese Immig. Daily


Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Page 41019-41020]
From the Federal Register Online via GPO Access []



Employment and Training Administration

Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Application for Alien Employment 

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.


SUMMARY: The Department of Labor (the Department), 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 Application for Alien Employment Certification. 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 September 8, 2003.

ADDRESSES: Comments and questions regarding the collection of 
information on Form ETA 750, parts A and B, Application for Alien 
Employment Certification, should be directed to William L. Carlson, 
Ph.D., Chief, Division of Foreign Labor Certifications, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Room C-4318, Washington, DC 
20210. Dr. Carlson may also be reached at (202) 693-3010; this is not a 
toll-free number.


I. Background

    Under section 212(a)(5)(A) of the Immigration and Nationality Act 
(INA)(8 U.S.C. 1182(a)(5)(A)), certain aliens may not obtain a visa for 
entrance into the United States in order to engage in permanent 
employment unless the Secretary of Labor has first certified to the 
Secretary of State and to the Attorney General that: (1) There are not 
sufficient U.S. workers who are able, willing, qualified and available 
at the time of application for a visa and admission into the U.S. and 
at the place where the alien is to perform the work; and (2) the 
employment of the alien will not adversely affect the wages and working 
conditions of U.S. workers similarly employed. Form ETA 750, parts A 
and B, is the application form submitted by employers that forms the 
basis for a determination as to whether the Secretary shall provide 
such a certification. Form ETA 750, part A, is also utilized to collect 
information that permits the Department to meet Federal 
responsibilities for administering two nonimmigrant programs: the H-2A 
and H-2B temporary labor certification programs. The H-2A temporary 
agricultural program establishes a means for agricultural employers who 
anticipate a shortage of domestic workers to bring nonimmigrant aliens 
to the U.S. to perform agricultural labor or services of a temporary or 
seasonal nature. The H-2B program establishes a means for employers to 
bring nonimmigrant aliens to the U.S. to perform nonagricultural work 
of a temporary or seasonal nature.

II. Focus of Review

    The Department of Labor is particularly interested in comments 

[[Page 41020]]

    [sbull] 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;
    [sbull] 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;
    [sbull] Enhance the quality, utility, and clarity of the 
information to be collected; and
    [sbull] 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 hire 
foreign workers for permanent or temporary employment in the U.S. by 
filing an Application for Alien Employment Certification on their 
behalf. There is an increase in burden due to a significant and 
sustained increase in the number of applications filed by employers 
each year.
    Type of Review: Extension of a currently approved collection.
    Agency: Employment and Training Administration, Labor.
    Title: Application for Alien Employment Certification.
    OMB Number: 1205-0015.
    Affected Public: Individuals or households; Businesses or other 
for-profit or not-for-profit institutions; Federal, State, Local, or 
Tribal governments; Farms.
    Form: ETA 750, Parts A and B.
    Total Respondents:
    Permanent Program: 100,000.
    H-2A Program: 4,200.
    H-2B Program: 5,000.
    Frequency of Response: On occasion.
    Total Responses: 109,200.
    Average Burden Hours Per Response:
    Permanent Program: 2.8.
    H-2A Program: 1.
    H-2B Program: 1.4.
    Estimate Total Annual Burden Hours: 291,200.
    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, DC, this 2nd day of July, 2003.
Emily Stover DeRocco,
Assistant Secretary.
[FR Doc. 03-17325 Filed 7-8-03; 8:45 am]