U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

Foreign Labor Certification

CORRESPONDENCE SYMBOL

OWS

ISSUE DATE

November 4, 2002

RESCISSIONS

None

EXPIRATION DATE

Continuing

ADVISORY

:

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 14-02

 

TO

:

ALL STATE WORKFORCE LIAISONS
ALL STATE WORKFORCE AGENCIES

 

FROM

:

EMILY STOVER DeROCCO
Assistant Secretary

 

SUBJECT

:

Notification of OMB Approval of Form ETA 9037

  1. Purpose. To inform State Workforce Agencies of OMB's approved extension of the State Alien Labor Certification Activity Report on Form ETA 9037.

  2. OMB Approval. Reporting requirements for the subject form are approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. The assigned OMB number 1205-0319 has a new expiration date of June 30, 2005. Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number and expiration date.

  3. Background. Alien labor certification programs administered by the Employment and Training Administration (ETA) of the Department of Labor (DOL or Department) require State Workforce Agencies (SWAs) to initially process applications for permanent and temporary labor certifications filed by U.S. employers on behalf of alien workers seeking to be employed in the U.S. SWAs are also responsible for issuing prevailing wage determinations, reviewing employer-provided wage surveys or other source data, conducting housing inspections of facilities offered to migrant and seasonal workers, and conducting and monitoring recruitment activities seeking qualified U.S. workers for the jobs employers are attempting to fill with foreign workers. The SWAs perform these functions under a reimbursable grant that is awarded annually. The information pertaining to these functions is collected on the Form ETA 9037 and will be used by Departmental staff to manage alien labor certification programs in the SWAs. The Department will be able to monitor the number of applications that the state has received, processed, and forwarded to ETA Regional Offices, and the number of prevailing wage determinations issued to employers under the permanent and temporary labor certification programs, as well as the H-1B program for nonimmigrant professionals in specialty occupations. The information on workload will be used for formulating budget estimates for both state and federal workloads, and for monitoring a state's performance against the Grant Statement of Work and Work Plan. Without such information, the budget workload figures will be estimates and the allocation of funding to the SWAs will not reflect the true workload in a state.

  4. Burden Estimate. Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

  5. Action Required. Transmit a copy of the approved Form ETA 9037, State Alien Labor Certification Activity Report, to appropriate SWA staff with responsibility for administering alien labor certification programs. The report should continue to be completed and forwarded to the appropriate regional certifying officer on a semi-annual basis.

  6. Inquiries. Inquiries regarding this memorandum should be addressed to the appropriate regional certifying officer.

  7. Attachments. Form ETA 9037, State Alien Labor Certification Activity Report.