View Information Collection Request (ICR) Package

OMB Control No: 1205-0310	ICR Reference No: 202108-1205-005
Status: Historical Active	Previous ICR Reference No: 201905-1205-012
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Labor Condition Application for H-1B, H-1B1, and E-3 Nonimmigrants and the Nonimmigrant Worker Information Form
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/03/2021
	Date Received in OIRA: 09/28/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2024	36 Months From Approved	12/31/2021
Responses	635,520	0	694,215
Time Burden (Hours)	834,305	0	898,212
Cost Burden (Dollars)	94,880	0	906,960

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 1101(a)(15)(E)(iii) Name of Law: Immigration and Nationality Act
   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)(1) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(i)(B), 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:
	86 FR 22457	04/28/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 53688	09/28/2021
Did the Agency receive public comments on this ICR? Yes

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-9035CP, ETA 9035 & 9035E	,
Violation Reporting	WH-4

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	635,520	694,215	-58,695
Annual Time Burden (Hours)	834,305	898,212	-63,907
Annual Cost Burden (Dollars)	94,880	906,960	-812,080

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 Department projects that the annual burden for LCA information collections will decrease from 898,212 burden hours to 834,305 burden hours. The Department makes this projection based on recent filings of H-1B, H-1B1, and E-3 requests received since the implementation of the current form. (See the response to A12 for details.) The number of LCA responses decreased from 569,260 to 543,085, which may be partly attributable to improvements to the LCA form to collect more worksite locations on a single form. As a result of the decrease in the estimated number of burden hours from 898,212 to 834,305, there is likewise a resulting decrease in the estimated total respondent costs from $74,353,989 to $70,824,150. The Department has made a couple non-substantive changes to the Form ETA-9035/9035E Public Burden Statement. The room number for the Department’s mailing address has been changed and the Public Burden Statement has been moved from the form to the form instructions.

Annual Cost to Federal Government: $2,519,214

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. No

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. 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? No

Agency Contact: Emily St. Onge 202 693-2605 st.onge.emily@dol.gov

View ICR - OIRA Conclusion