OMB approval of State Alien Labor Certification Activity Report

Official HTML letter (https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2002/TEGL14-02.html):

Employment and Training Administration Advisory System
U.S. Department of Labor
Washington, D.C. 20210
CLASSIFICATION: Foreign Labor Certification
CORRESPONDENCE SYMBOL: OWS
DATE: November 4, 2002

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 14-02

TO: ALL STATE WORKFORCE LIAISONS
ALL STATE WORKFORCE AGENCIES

/S/
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.

RESCISSIONS: [none listed]
EXPIRATION DATE: Continuing

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.

Form ETA 9037, State Alien Labor Certification Activity Report (https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2002/TEGL14-02_Attach.pdf):

State Alien Labor Certification Activity Report
U.S. Department of Labor, Employment and Training Administration
OMB Approval No. 1205-0319
Expiration Date: 06/30/05

Fiscal Year: [blank]
Current Period (circle one): 1 - (Oct-Mar)  2 - (Apr-Sept)
State Name: [blank]

APPLICATIONS WORKLOAD - NON-AGRICULTURAL
Columns: (A) PERM APPS; (B) TEMP APPS

1. Balance on hand from previous report
2. New applications received
3. Regional remands received
4. Total Workload

APPLICATIONS COMPLETED

5. Applications cancelled or withdrawn
6. Applications forwarded to the Regional Office
7. Total Completions
8. Balance on Hand

WAGE DETERMINATIONS - NON-AGRICULTURAL (TOTALS)

9. Prevailing wage determinations on hand from previous report
10. New requests for prevailing wage determinations received
11. Prevailing wage determinations issued
12. Prevailing wage determinations on hand

WAGE SURVEYS - NON-AGRICULTURAL

13. Total wage surveys completed

AGRICULTURAL ACTIVITY (H-2A & LOGGING)

14. Agricultural prevailing wage surveys completed
15. Agricultural prevailing practice surveys completed
16. Housing inspections visits made
17. Job Orders filed

Persons are not required to respond to this collection of information unless it displays a currently valid OMB Control Number. Respondent’s obligation to reply to these requirements is mandatory (20 CFR 655 and 20 CFR 656). 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. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Workforce Security, U.S. Department of Labor, Room C-4318, Washington, D.C. 20210 (Paperwork Reduction Project 1205-0319).

Form ETA-9037, Oct. 1994
Instructions for Completing
State Alien Labor Certification Activity Report

This form is to be completed by each State on a semi-annual basis and sent to the Regional Office no later

than October 15 of the Fiscal Year.

Applications Workload

Item 1. Balance on Hand from Previous Report. Enter
the number of applications that were shown as balance
on hand on the last report. Applications on hand are
those still in process or waiting to be processed.

Item 2. New Applications Received. Enter the number
of new applications received from employers for the first
time, and applications which have been withdrawn or
cancelled and subsequently refiled. Responses to 45 day
letters should not be counted as new applications.

Item 3. Regional Remands Received. Enter the number
of applications returned to the State Employment
Security Agency (SESA) by the ETA Regional Office for
correction, clarification, and/or further processing, e.g.
reduction in recruitment, denials, missing documentation,
and additional recruitment.

Item 4. Total Workload. Enter the total of items 1, 2,
and 3.

Applications Completed

Item 5. Applications Cancelled or Withdrawn. Enter
the number of applications cancelled by the SESA or
withdrawn by employers during the reporting period.

* A Cancellation is an Application for Alien
Employment Certification in which the SESA
terminates processing of the application. The SESA
shall cancel an application when information
requested from the employer has not been mailed by
the 45th day following the date of the request. The
45 days may not be extended.

* A Withdrawal is an Application for Alien Employment
Certification application in which the employer, at
any time during SESA processing, makes a written
request to the SESA to terminate processing of the
application.



* When an application is cancelled or withdrawn, all of
the forms and supporting documents submitted by
the employer shall be returned with notice that the
application will be treated as a completely new
application if it is refiled.

* A cancelled or withdrawn application that has been
refiled will receive a new filing date. Any
recruitment conducted through the SESA must be
repeated, unless the employer submits a request for
reduction in recruitment.

Item 6. Applications Forwarded to the Regional
Office. Enter the number of applications processed by
the State and forwarded to the Regional Office for
decision.

Item 7. Total Completions. Enter the total of items 5
and 6.

Item 8. Balance on Hand. Enter the difference between
items 4 (total workload) and 7 (total completions).

Wage Determinations - Non Agricultural.

NOTE: A prevailing wage determination is a written
notice from the SESA to an employer, or the employer’s
attorney or agent, that a particular hourly, weekly,
monthly, or yearly wage rate is the prevailing wage in the
area of intended employment for the job and occupation
specified by the employer.

Item 9. Prevailing Wage Determinations on hand from
Previous Report. Enter the number of written requests
for prevailing wage determinations from employers
pending response at the end of the last reporting period.

Item 10. New Requests for Prevailing Wage
Determinations Received. Enter the number of new
requests for non-agricultural prevailing wage
determinations received, in writing, from employers.

Item 11. Prevailing Wage Determination Issued. Enter
the number of prevailing wage determinations issued, in
writing, by the SESA to employers.

Item 12. Prevailing Wage Determinations on hand.
Enter the number of written requests for prevailing wage
determinations for which determinations have not been
issued. This is the sum of Items 9 and 10, minus Item 11.

Wage Surveys - Non-Agricultural

NOTE: A wage survey is a statistically valid process of
collecting wage data from employers in the area of
intended employment who employ workers in the same or
similar jobs and calculating the arithmetic mean by
adding the wages paid to such workers and dividing by
the total of such workers.

Item 13. Total Wage Surveys Completed. Enter the
number of prevailing wage surveys conducted by the
SESA during this reporting period. Note: Prevailing wage
determinations and published surveys that were not
conducted by the SESA should not be included.



Agricultural Activity (H2A and Logging)

Item 14. Agricultural Prevailing Wage Surveys
Completed. Enter the number of prevailing wage surveys
conducted during this reporting period.

Item 15. Agricultural Prevailing Practice Surveys
Completed. Enter the number of prevailing practice
surveys completed during this reporting period.

Item 16. Housing Inspection Visits Made. Enter the
number of H-2A housing inspection visits, including
follow-up visits, made to a site by the staff or designee.
A site which includes more than one unit should be
counted as one housing inspection.

Item 17. Job Orders Filed. Enter the number of H-2A job
orders filed by employers.