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[Federal Register: September 11, 2003 (Volume 68, Number 176)]
[Page 53616-53617]
From the Federal Register Online via GPO Access []



Employment and Training Administration

Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Labor Condition Applications and 
Requirements for Employers Using Nonimmigrants on H-1B Visas in 
Specialty Occupations and as Fashion Models

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.


[[Page 53617]]

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 Labor Condition Application for H-1B nonimmigrants. 
A copy of the proposed Information Collection Request (ICR) can be 
obtained by contacting the office listed below in the addresses section 
of this notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before November 10, 2003.

ADDRESSES: Comments and questions regarding the collection of 
information on Form ETA 9035, Labor Condition Application for H-1B 
Nonimmigrants, should be directed to William L. Carlson, Chief, 
Division of Foreign Labor Certification, 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 Immigration and Naturalization Act (INA) requires that before 
any alien may be admitted or otherwise provided status as an H-1B 
nonimmigrant, the prospective employer must have filed with the 
Department of Labor (Department) a Labor Condition Application (LCA) 
stating that they will offer prevailing wages and working conditions, 
that there is not a strike or lockout in the course of a labor dispute 
in the occupational classification at the place of employment, and that 
they have provided notice of such filing to the bargaining 
representative or, if there is none, by posting notice of filing in 
conspicuous locations at the place of employment. Further, the employer 
must make certain documentation available for public examination. The 
Department's review of LCA's is limited by law solely to a review for 
completeness or ``obvious inaccuracies.'' Complaints may be filed with 
the Department alleging a violation of the LCA process. If reasonable 
cause is found to believe a violation has been committed, the 
Department will conduct an investigation and, if appropriate, assess 
penalties. The INA places a limit on the number of aliens who can be 
admitted to the U.S. on H-1B visas or otherwise provided H-1B 
nonimmigrant status (195,000 in FY `03 and 65,000 in each succeeding 
fiscal year). The INA generally limits these workers to a maximum of 
six years duration of stay under H-1B status although extensions are 
permitted for certain aliens on whose behalf an alien labor 
certification or employment-based immigrant petition has been pending 
for 365 days or more.
    The INA requires that the Department make available for public 
examination in Washington, DC, a list of employers which have filed 

II. Review Focus

    The Department of Labor is particularly interested in comments 
    [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 the Labor Condition Application 
and Requirements for Employers Using Nonimmigrants on H-1B Visas in 
Specialty Occupations and as Fashion Models.
    Type of Review: Extension of a currently approved collection 
without change.
    Agency: Employment and Training Administration, Labor.
    Title: Labor Condition Application and Requirements for Employers 
Using Nonimmigrants on H-1B Visas in Specialty Occupations and as 
Fashion Models.
    OMB Number: 1205-0310.
    Affected Public: Businesses or other for-profit; not-for-profit 
institutions; Federal government; State, Local or Tribal government.
    Form: Form ETA 9035.
    Total Respondents: 250,000.
    Frequency of Response: On occasion.
    Total Responses: 250,050.
    Average Burden Hours per Response: 1.25.
    Estimate Total Annual Burden Hours: 250,050.
    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 ICR; they will also be a matter of public record.

    Signed at Washington DC, this 4th day of September, 2003.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 03-23133 Filed 9-10-03; 8:45 am]