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:
1205-0534
ICR Reference No:
202108-1205-006
Status:
Active
Previous ICR Reference No:
201909-1205-005
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
CW-1 Application for Temporary 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:
04/18/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/16/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2026
36 Months From Approved
04/30/2023
Responses
159,353
0
149,739
Time Burden (Hours)
71,078
0
73,987
Cost Burden (Dollars)
0
0
0
Abstract:
This Information Collection Request (ICR) seeks approval under the Paperwork Reduction Act (PRA) to extend and revise this collection made necessary by a statutory requirement for a CW-1 temporary labor certification. More specifically, the Department of Labor (DOL or Department) proposes to extend the Form ETA-9142C, Application for Temporary Employment Certification and appendices, and Form ETA-9141C, Application for Prevailing Wage Determination to carry out responsibilities created for the Department under the Northern Mariana Islands U.S. Workforce Act of 2018 (Pub. L. 115-218). The ETA Office of Foreign Labor Certification (OFLC) will continue to use this information collection to meet its statutory and regulatory responsibilities for administering the CW-1 temporary labor certification program. An employer seeking to employ CW-1 workers must file a completed CW-1 Application for Temporary Employment Certification (Form ETA-9142C), all appropriate appendices, and a valid Application for Prevailing Wage Determination, with the OFLC National Processing Center (NPC). These forms and all supporting documentation constitute the CW-1 application submitted by an employer to secure a temporary labor certification determination from the OFLC.
Authorizing Statute(s):
PL:
Pub.L. 115 - 218 2, 3, 132
Name of Law: Northern Mariana Islands U.S. Workforce Act of 2018 (the Workforce 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 27107
05/19/2021
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 51678
09/16/2021
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Application for Prevailing Wage Determination
ETA-9141C
Application for Prevailing Wage Determination
Application for Temporary Employment Certification
ETA-9142C, ETA-9142C, ETA-9142C, ETA-9142C, ETA-9142C
CW-1 Application for Temporary Employment Certification
,
Appendix A
,
Appendix B
,
Appendix C
,
Final Determination
CNMI Record Keeping and Misc. Activities
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
159,353
149,739
0
9,614
0
0
Annual Time Burden (Hours)
71,078
73,987
0
-2,909
0
0
Annual Cost Burden (Dollars)
0
0
0
0
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
There are burden changes in connection with Forms ETA-9141C and ETA-9142C; specifically, the Department is reporting a decrease in the total annual burden hours have from 73,987 burden hours to 71,077.84 burden hours. The Department attributes these changes to the fact the CW-1 program has now been in place since April of 2019, and new estimates were based on most recent experience and good faith estimates derived through new methodology on how to project the future responses, per requirement and category, that might be received in the next three years. In addition, during this renewal cycle, the Department has made some necessary, clarifying changes to the Form ETA-9141C and its instructions, to make sure that form conforms to the general Form ETA-9141, which is used by employers in connection with most other foreign labor certification programs and for the labor condition application. These changes also improve readability and avoid grammatical errors or inaccuracies in the information collection tools. None of these changes prompted updates on the estimated time burdens disclosed. After the Department published its 60-day FRN on May 19, 2021, the Bureau of Labor Statistics published its updated wage tables in June 2021, which resulted in revisions to the hourly costs and burden estimates from the 60-day FRN to the 30-day FRN.
Annual Cost to Federal Government:
$4,325,823
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)?
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:
09/16/2021
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