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COMMENT
Time Remaining
Days
HR
Min
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OMB Control No:
1205-0534
ICR Reference No:
202602-1205-004
Status:
Received in OIRA
Previous ICR Reference No:
202108-1205-006
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
Date Submitted to OIRA:
04/30/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
05/31/2026
Responses
16,775
159,353
Time Burden (Hours)
31,914
71,078
Cost Burden (Dollars)
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):
US Code:
48 USC 1806
Name of Law: Immigration and Transition
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:
91 FR 4952
02/03/2026
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 23308
04/30/2026
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 Request
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
16,775
159,353
0
-142,578
0
0
Annual Time Burden (Hours)
31,914
71,078
0
-39,164
0
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The estimated burden hours and associated costs have changed due to updated methodology for providing projections based on more recent programmatic experience and processing efficiencies due to technology improvements, as well as adjustments to anticipated annual application volumes. The answer provided to A.12 provides more information regarding this burden. The Department notes that it has adjusted the estimates it provided in its 60-day FRN published on February 3, 2026 (91 FR 4952) as it mistakenly projected a cumulative three-year estimate for number of responses, time burdens and costs, in lieu of providing estimates that show the average annual number of responses, time burdens and costs it projects will be incurred by the public in connection with this program. The initially provided estimates gave the appearance of higher estimates and an increase in burden and number of respondents. In addition, the Department reviewed the baseline figures that were initially used in its analysis for determining its estimates and updated figures resulted from such review. The 30-day FRN reflects the adjusted estimates, which includes data from fiscal year 2025, which only recently became available. These estimates are also shown in the answer provided to A.12 and discussed throughout this document. ETA recognizes the 89.2% decrease in annual responses, 55.0% increase in burden hours, and 58.7% decrease in the cost of time for this PRA package. These changes can be attributed to: (1) a slightly lower overall application volume due to the Workforce Act’s stated goal of transitioning CNMI into the U.S. federal immigration system while gradually reducing reliance on foreign labor (the Act extended the CW-1 program only through December 31, 2029); ; and (2) a change from using the Standard Occupational Classification (SOC) Code 11-3121, Human Resources (HR) Manager, to SOC Code 13-1071, Human Resources Specialist. OFLC has standardized its ICs, as the job duties required for the burdens identified in the IC more appropriately fall under the SOC Code 13-1071, HR, rather than SOC Code 11-3121, HR Manager. As the difference in the mean hourly wages between the two occupations is substantial, the change in the hourly rate has resulted in marginally reduced burden costs of time, despite the substantial increase in program burdens in responses received and total burden hours. In addition, ETA is also standardizing the applicable benefits factor that applies for its ICs. The benefits factor is determined by dividing the most recent BLS Employer Costs for Employee Compensation (ECEC) by the wages and salary costs for a worker population. BLS provides three ECEC rates based on the worker population: (1) civilian workers; (2) private sector workers; and (3) state and local (i.e., certain public sector) workers. OFLC has determined that the private sector worker ECEC is correct, as the burdens listed in A.12 being performed by HR Specialists are almost exclusively performed by employers in the private sector. Accordingly, as it relates to this rulemaking, the ECEC has been adjusted in our calculations. (See Section A.12 above.) Accordingly, for this PRA package, as explained above, the hourly rate changed from $28.67 in the previous Supporting Statement for HR Directors to the new rate of $24.27 for HR Specialists. This reduction in the hourly rate of $4.40 ($28.67 - $24.27) per burden hour for human resources activities is responsible for the overall slight reduction in total burden costs, despite a sizeable increase in the hourly cost for translators from $14.98 to $28.81. ETA will ensure that the HR Specialist SOC is the basis for calculating all of its future burden costs in all future ICRs requiring human resources functions. Differences between the totals reflected in ROCIS and those presented in the supporting statement are due to differing calculation methodologies.
Annual Cost to Federal Government:
$1,009,589
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:
Patrice Gibson 202 693-0158 gibson.patrice.a@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:
04/30/2026
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