View Information Collection Request (ICR) Package
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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:
1205-0451
ICR Reference No:
202102-1205-001
Status:
Historical Active
Previous ICR Reference No:
201807-1205-001
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
Application for Permanent Employment Certification
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:
10/25/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/29/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2025
36 Months From Approved
10/31/2022
Responses
675,123
0
113,304
Time Burden (Hours)
234,296
0
226,740
Cost Burden (Dollars)
132,150
0
467,000
Abstract:
The application form and other information requirements are necessary to the collection of information from U.S. employers wishing to sponsor foreign labor for permanent residency through the Labor Certification process. The information collected is used by the Secretary of Labor to make the necessary certification in compliance with the Immigration and Nationality Act as amended.
Authorizing Statute(s):
US Code:
8 USC 1182(a)(5)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1153(b)(3)
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:
85 FR 43877
07/20/2020
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 22714
04/29/2021
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Application for Permanent Employment Certification
ETA-9089, ETA-9089, ETA-9089, ETA-9089, ETA-9089, ETA-9089
Application for Permanent Employment Certification
,
Appendix A: Foreign Worker Information
,
Appendix B: Additional Worksite Information
,
Appendix C: Supplemental Information
,
Appendix D: Special Recruitment for College and University Teachers
,
Final Determination: Permanent Employment Certification Approval
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
675,123
113,304
0
561,819
0
0
Annual Time Burden (Hours)
234,296
226,740
0
7,556
0
0
Annual Cost Burden (Dollars)
132,150
467,000
0
-334,850
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The estimated burden hours and associated costs have changed due to updated projections based on more recent programmatic experience and expected processing efficiencies due to technology improvements, as well as adjustments to anticipated annual application volumes and the average reporting time per application. The answer provided to A.12 provides more information regarding this burden increase. The Department reported during the last renewal cycle that it would receive 113,304 applications per year in connection with the PERM program and that DHS would receive 1,300 Form ETA-9089 applications in lieu of the Form ETA-750B for its NIW application process, and 4,620 for Schedule A and Sheepherder applications combined. The Department now estimates that applications will increase to 125,476.6 on average per year. For purposes of a similar comparison to the last cycle, Form ETA-9089 applications are projected to remain relatively flat at 108,832. The remaining difference in application volume, and therefore burden, corresponds to an increase in applications to DHS for Schedule A and Sheepherders from 4,620 to 7,000, and adjustments being made to incorporate additional Form ETA-9089 applications that will be filed as a result of the planned discontinuance of Forms ETA-750A and ETA-750B (OMB Control Number 1205-0015), which will result in 86.6 additional Form ETA-9089 applications completed for professional athletes and coaches, and 9,558 additional Form ETA-9089 applications for NIW qualifications. The edits to the form and instructions do not cause the burden increase reported by DOL. The new projections are made based on past filings, current filing trends, and the general improvement of the Department’s methodology for arriving at these estimates.
Annual Cost to Federal Government:
$18,258,981
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
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)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Emily St. Onge 202 693-2605 st.onge.emily@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:
04/29/2021
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