Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1205-0310
ICR Reference No:
201110-1205-010
Status:
Historical Active
Previous ICR Reference No:
200902-1205-006
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
Labor Condition Application for H-1B, H-1B1, and E-3 Non-immigrants
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
03/30/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/23/2012
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2015
36 Months From Approved
03/31/2012
Responses
340,425
0
468,100
Time Burden (Hours)
310,005
0
369,016
Cost Burden (Dollars)
0
0
0
Abstract:
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.
Authorizing Statute(s):
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),
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)(E)(iii)
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
76 FR 64109
10/17/2011
30-day Notice:
Federal Register Citation:
Citation Date:
77 FR 3286
01/23/2012
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants
ETA Form 9035CP, ETA Form 9035/9035E
Labor Condition Application for Nonimmigrant Workers
,
ETA Form 9035CP � General Instructions for the 9035 & 9035E
Violation Reporting
WH-4
Nonimmigrant Worker Information Form
ICR Summary of Burden
Total Approved
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
340,425
468,100
0
0
-127,675
0
Annual Time Burden (Hours)
310,005
369,016
0
0
-59,011
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The annual burden for these information collections has decreased overall due to a decrease in usage of the H-1B, H-1B1, and E-3 programs during the economic downturn of the last three years. During the past three fiscal years WHD, however, has noticed an increase in the number of Forms WH-4 filed with the agency. The Department has correspondingly increased the estimates for the information collection. The Federal Government burden estimate decreased due to an adjustment in the Network Costs, i.e. the removal of one-time Application Development costs, better calculations of all other cost estimates, and the updated data on program usage.
Annual Cost to Federal Government:
$606,649
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Yes
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Bonnie Naradzay 202-693-3675 Naradzay.Bonnie@dol.gov
Common Form ICR:
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:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(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;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
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.
Certification Date:
01/23/2012
An official website of the United States government
The .gov means it's official.
The site is secure.
