[60 Fed. Reg. 4028 (Thursday, January 19, 1995)]
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AA89
Wage and Hour Division
29 CFR Part 507
RIN 1215-AA69
Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models
AGENCIES: Employment and Training Administration and Wage and Hour Division, Employment Standards Administration, Labor.
ACTION: Final rule.
SUMMARY: The Employment and Training Administration (ETA) and the Employment Standards Administration of the Department of Labor published final regulations governing the filing and enforcement of labor condition applications filed by employers seeking to employ foreign workers in specialty occupations and as fashion models of distinguished merit and ability under the H-1B nonimmigrant classification. At that time, ETA submitted the information collection requirements to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980. This document amends the December 20, 1994, Federal Register document to display the OMB control numbers and announces the effective date for the sections containing information collection requirements for which OMB approval has been received.
DATES: The revision of 20 CFR part 655 and 29 CFR part 507 published December 20, 1994 (59 FR 65646) and these amendments are effective January 19, 1995. Form ETA 9035, published as an appendix to this document, may be used on or after January 19, 1995. The prior version of Form ETA 9035, published at 57 FR 1316, 1339-1342 (January 13, 1992) will be accepted for filing through January 18, 1995.
FOR FURTHER INFORMATION CONTACT:
On 20 CFR part 655, subpart H, and 29 CFR part 507, subpart H, contact Mr. Patrick Stange, Nonagricultural Unit, Division of Foreign Labor Certifications, U.S. Employment Service, Employment and Training Administration, Department of Labor, Room N-4456, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 219-5263 (this is not a toll-free number).
On 20 CFR part 655, subpart I, and 29 CFR part 507, subpart I, contact Mr. Thomas Shierling, Wage and Hour Division, Employment Standards Administration, Department of Labor, Room S-3502, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 219-7605 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act's (PRA's) provisions on information collection are triggered when an employer files a labor condition application on Form ETA 9035 with the Department of Labor (Department), as a condition for being able to employ a professional in a specialty occupation or a fashion model of distinguished merit and ability under the H-1B nonimmigrant classification. The labor condition application is a prerequisite to filing a petition with the Immigration and Naturalization Service of the Department of Justice (INS) for approval under such nonimmigrant classification. Employers are required to file labor condition applications with the Department attesting to certain conditions related to the employment of H-1B nonimmigrants.
The labor condition applications, required under sections 101(a)(15)(H)(i)(b) and 212(n) of the Immigration and Nationality Act (8 U.S.C. 1101 et seq. ), pertain to the absence of adverse effect on wages and working conditions, absence of a strike or lockout in the occupation in which H-1B nonimmigrants are to be employed at the place of employment, and provision of notice of filing to the employer's employees and to H-1B nonimmigrants employed by the employer. Attestations are made on Form ETA 9035, a copy of which is published as an appendix to this document, but which will not be codified in the Code of Federal Regulations.
The attestation process is administered by the Employment and Training Administration (ETA) of the Department, while complaints and investigations regarding the labor condition applications filed by employers are handled by the Wage and Hour Division of the Department's Employment Standards Administration (ESA).
Public reporting burden for this collection of information is estimated to average 1 1/4 hours including the time for reviewing instructions, searching existing information/data sources, gathering and maintaining the information/data needed, and preparing the application.
The Office of Management and Budget (OMB) reviewed the collection of information requirements for employers filing labor condition applications as a condition to petition INS for H-1B nonimmigrant classification in accordance with the PRA, 44 U.S.C. 3501 et seq. , and 5 CFR part 1320. OMB approved all information requirements contained in 20 CFR part 655, subpart H, and 29 CFR part 507, subpart H, under OMB clearance number 1205-0310.
On January 10, 1995, OMB approved the information collection provisions until November 30, 1997.
Authority
8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n) and 1184, and 29 U.S.C. 49 et seq. , and Pub. L. 102-232, 105 stat. 1733, 1748 (8 U.S.C. 1182 note).
Signed at Washington, DC, this 13th day of January, 1995.
Doug Ross,
Assistant Secretary for Employment and Training.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
Title 20, part 655, subpart H, and title 29, part 507, subpart H, of the Code of Federal Regulations are hereby amended as follows:
PART 655--[AMENDED]
1. The authority citation for 20 CFR part 655 continues to read as follows:
Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H) (i) and (ii), 1182 (m) and (n), 1184, 1188, and 1288(c) 29 U.S.C. 49 et seq. ; sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 note); sec 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i).
Section 655.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii) 1184, and 1188; 29 U.S.C. 49 et seq. ; and 8 CFR 214.2(h)(4)(i).
Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184; 29 U.S.C. 49 et seq. , and 8 CFR 214.2(H)(4)(i).
Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184, and 1188; and 29 U.S.C. 49 et seq.
Subparts D and E issued under 8 U.S.C. 1101(a)(15)(H)(i)(a), 1182(m), and 1184; 29 U.S.C. 49 et seq. ; and sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 1733, 1748 (8 U.S.C. 1182 note).
Subparts F and G issued under 8 U.S.C. 1184 and 1288(c); and 29 U.S.C. 49 et seq.
Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184; 29 U.S.C. 49 et seq. ; and sec. 303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1182 note).
Subparts J and K issued under 29 U.S.C. 49 et seq. ; and sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).
[60 Fed. Reg. 4029]
2. In 20 CFR 655.730, by adding a parenthetical, as follows, at the end of the regulatory text:
§ 655.730 -- Labor condition application.
* * * * *
(Approved by the Office of Management and Budget under control number 1205-0310.)
3. In 20 CFR 655.760, by adding a parenthetical, as follows, at the end of the regulatory text:
§ 655.760 -- Public access; retention of records.
* * * * *
(Approved by the Office of Management and Budget under control number 1205-0310).
PART 507--[AMENDED]
4. The Authority citation for title 29 CFR part 507, subparts H and I, continues to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184, and 29 U.S.C. 49 et seq. , and Pub. L. 102-232, 105 stat. 1733, 1748 (8 U.S.C. 1182 note).
5. In 29 CFR 507.730, by adding a parenthetical, as follows, at the end of the regulatory text:
§ 507.730 -- Labor condition application.
* * * * *
(Approved by the Office of Management and Budget under control number 1205-0310.)
6. In 29 CFR 507.76, by adding a parenthetical, as follows, at the end of the regulatory text:
§ 507.760 -- Public access; retention of records.
* * * * *
(Approved by the Office of Management and Budget under control number 1205-0310.)
Note: The following appendices will not appear in the Code of Federal Regulations.
Appendix 1 (Not To Be Codified in the CFR): Form ETA 9035
Printed below is a copy of Form ETA 9035 .
BILLING CODE 4510-30-M
[See U.S. Department of Labor -- Labor Condition Application for H-1B Nonimmigrants Form and Instructions in Original Document on Pages 4031-4032]
[60 Fed. Reg. 4033]
Appendix 2 (Not To Be Codified in the CFR): DOT Three-Digit Occupational Groups Codes for Professional, Technical and anagerial Occupations and Fashion Models
Printed below is a copy of DOT Three-Digit Occupational Groups Codes for Professional, Technical and Managerial Occupations and Fashion Models .
Three-Digit Occupational Groups
Professional, Technical, and Managerial Occupations and Fashion odels Occupations in Architecture, Engineering, and Surveying
001 Architectural Occupations
002 Aeronautical engineering Occupations
003 Electrical/Electronics Engineering Occupations
005 Civil Engineering Occupations
006 Ceramic Engineering Occupations
007 Mechanical Engineering Occupations
008 Chemical Engineering Occupations
010 Mining and Petroleum Engineering Occupations
011 Metallurgy and Metallurgical Engineering Occupations
012 Industrial Engineering Occupations
013 Agricultural Engineering Occupations
014 Marine Engineering Occupations
015 Nuclear Engineering Occupations
017 Drafters
018 Surveying/Cartographic Occupations
019 Other Occupations in Architecture, Engineering, and Surveying
Occupations in Mathematics and Physical Sciences
020 Occupations in Mathematics
021 Occupations in Astronomy
022 Occupations in Chemistry
023 Occupations in Physics
024 Occupations in Geology
025 Occupations in Meteorology
029 Other Occupations in Mathematics and Physical Sciences
Computer-Related Occupations
030 Occupations in Systems Analysis and Programming
031 Occupations in Data Communications and Networks
032 Occupations in Computer System User Support
033 Occupations in Computer System Technical Support
039 Other Computer-Related Occupations
Occupations in Life Sciences
040 Occupations in Agricultural Sciences
041 Occupations in Biological Sciences
045 Occupations in Psychology
049 Other Occupations in Life Sciences
Occupations in Social Sciences
050 Occupations in Economics
051 Occupations in Political Science
052 Occupations in History
054 Occupations in Sociology
055 Occupations in Anthropology
059 Other Occupations in Social Sciences
Occupations in Medicine and Health
070 Physicians and Surgeons
071 Osteopaths
072 Dentists
073 Veterinarians
074 Pharmacists
076 Therapists
077 Dieticians
078 Occupations in Medical and Dental Technology
079 Other Occupations in Medicine and Health
Occupations in Education
090 Occupations in College and University Education
091 Occupations in Secondary School Education
092 Occupations in Preschool, Primary School, and Kindergarten Education
094 Occupations in Education of Persons With Disabilities
096 Home Economists and Farm Advisers
097 Occupations in Vocational Education
099 Other Occupations in Education
Occupations in Museum, Library, and Archival Sciences
100 Librarians
101 Archivists
102 Museum Curators and Related Occupations
109 Other Occupations in Museum, Library, and Archival Sciences
Occupations in Law and Jurisprudence
110 Lawyers
111 Judges
119 Other Occupations in Law and Jurisprudence
Occupations in Religion and Theology
120 Clergy
129 Other Occupations in Religion and Theology
Occupations in Writing
131 Writers
132 Editors: Publication, Broadcast, and Script
139 Other Occupations in Writing
Occupations in Art
141 Commercial Artists: Designers and Illustrators, Graphic Arts
142 Environmental, Product, and Related Designers
149 Other Occupations in Art
Occupations in Entertainment and Recreation
152 Occupations in Music
159 Other Occupations in Entertainment and Recreation
Occupations in Administrative Specializations
160 Accountants, Auditors, and Related Occupations
161 Budget and Management Systems Analysis Occupations
162 Purchasing Management Occupations
163 Sales and Distribution Management Occupations
164 Advertising Management Occupations
165 Public Relations Management Occupations
166 Personnel Administration Occupations
168 Inspectors and Investigators, Managerial and Public Service
169 Other Occupations in Administrative Occupations
anagers and Officials
180 Agriculture, Forestry and Fishing Industry Managers and Officials
181 Mining Industry Managers and Officials
182 Construction Industry Managers and Officials
183 Manufacturing Industry Managers and Officials
184 Transportation, Communication, and Utilities Industry anagers and Officials
185 Wholesale and Retail Trade Managers and Officials
186 Finance, Insurance, and Real Estate Managers and Officials
187 Service Industry Managers and Officials
188 Public Administration Managers and Officials
189 Miscellaneous Managers and Officials
iscellaneous Professional, Technical, and Managerial Occupations
195 Occupations in Social and Welfare Work
199 Miscellaneous Professional, Technical, and Managerial Occupations
Sales Promotion Occupations
297 Fashion Models
[FR Doc. 95-1394 Filed 1-18-95; 8:45 am]