Supporting Statement (12.1.2025)

Application for Permanent Employment Certification

OMB Control No. 1205-0451

October 31, 2025

SUPPORTING STATEMENT

APPLICATION FOR PERMANENT EMPLOYMENT CERTIFICATION

OMB Control Number 1205-0451

Introduction: The Department Labor’s (Department or DOL) Employment and Training Administration (ETA) requests a reinstatement for this Information Collection Request (ICR), which includes Form ETA-9089, Application for Permanent Employment Certification, Appendix A: Foreign Worker Information, Appendix B: Additional Worksite Information, Appendix C: Supplemental Information, Appendix D: Special Recruitment for College and University Teachers and Form ETA-9089, Final Determination: Permanent Employment Certification Approval.

A. Justification.

A1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The information collection for form OMB Control Number 1205-0451 is required by sections 203(b)(2) and (b)(3) and 212(a)(5)(A) of the Immigration and Nationality Act (INA) (8 U.S.C. 1153(b)(2) and (b)(3) and 1182(a)(5)(A)). The Department and the Department of Homeland Security (DHS) have promulgated regulations to implement these provisions of the INA at 20 CFR part 656 and 8 CFR 204.5, respectively.

Furthermore, the INA mandates the Secretary of Labor to certify that any foreign worker seeking to enter the United States for the purpose of performing skilled or unskilled labor is not adversely affecting wages and working conditions of U.S. workers similarly employed and that there are not sufficient U.S. workers able, willing, qualified, and available to perform such skilled or unskilled labor. Before an employer may request any skilled or unskilled foreign labor, it must submit a request for certification to the Secretary of Labor containing the elements prescribed by the INA and the regulations or, in limited circumstances, apply for a waiver thereof with DHS. The Department’s foreign employment certification regulations require employers to document their recruitment efforts and substantiate the reasons no U.S. workers were hired.

Consequently, the information collected on the form is used not only by the Department, but also by other federal agencies in furtherance of meeting the requirements of the INA. The Department uses the information collected to provide employment certifications for foreign workers seeking to enter the United States on a permanent basis. DHS also uses the form to analyze the foreign worker’s background and experience for Schedule A occupations and sheepherders in accordance with INA § 203(b)(2)(B)(i) (8 U.S.C. § 1153) and 8 CFR 204.5(k)(4)(ii).

The Department relies on this information collection (IC) for processing applications for the permanent labor certification (also known as PERM, or Program Electronic Review Management) program. Applications for PERM employment certification assess whether a foreign worker meets the requirements of Section 212(a)(5)(A) of the INA. DHS regulations at 8 CFR 204.5(k)(4)(ii) require foreign nationals applying for a National Interest Waiver (NIW) of the job offer requirement, under INA § 203(b)(2)(B)(i), to file the Form ETA-9089 with DHS.

The Department collects the information necessary to make the certification on the Form ETA-9089. The form and all associated documents can be found online at https://www.dol.gov/agencies/eta/foreign-labor/forms.

Regulatory Authority: 20 CFR part 656, subpart C, Labor Certification Process, and 8 CFR 204.5(k)(4)(ii)

Statutory Authority: INA, Section 203(b)(2)(B)(i) (8 U.S.C. § 1153) and Section 212(a)(5)(A), 8 U.S.C. § 1101 et seq. (as amended)

A2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

By the Federal Government

The established form(s) collect this information and are used not only by the Department, but also by other federal agencies, including DHS and the Department of State (DOS), to meet INA requirements.

The Department will use the information collected through the form and its appendices to adjudicate PERM employment certification applications for foreign workers filed by employers seeking to employ individuals on a permanent basis. The Department needs to reinstate this existing IC pertaining to employers seeking to import foreign labor. An employer seeking a PERM employment certification to employ an immigrant must submit the form to the Department, including all required appendices. Once submitted, the Department will determine whether the employer adequately sought available and willing U.S. workers qualified for the opportunity as required under the regulations, and whether U.S. workers who applied were rejected for lawful, job-related reasons. 20 CFR 656.24. If the Certifying Officer’s (CO) Final Determination denies certification of the application, the regulations provide the employer with the ability to request reconsideration of the decision, or to request review of the denial by the Board of Alien Labor Certification Appeals. 20 CFR 656.24 and 656.26.

DHS will also use the information collected through the form and its appendices for the Job Offer Requirement of the NIW process, which exempts foreign workers from the job offer requirement if their expertise is in the national interest of the United States. In addition, under 20 CFR 656.15, employers of foreign workers who are in occupations that meet DOL regulatory requirements for being designated as “Schedule A – Shortage Occupations” must apply for an employment certification using the form and submit an uncertified form directly to DHS. Under 20 CFR 656.16, employers of foreign workers who are sheepherders may apply for an employment certification using the form and submit an uncertified form directly to DHS. When the form is submitted to DHS directly, DHS will use the form to analyze the foreign worker’s background and experience for NIWs, Schedule A occupations, and sheepherders.

By the Employer

The employer is required to submit attestations regarding the types and dates of its efforts to recruit U.S. workers. The Department has codified the type of recruitment steps that should be performed to test the U.S. labor market. 20 CFR 656.17(e) and (f). The regulations require employers to recruit for able, willing, qualified, and available U.S. workers at prevailing wages and working conditions. Without such a test of the labor market the Secretary would not be able to issue the certification of U.S. worker unavailability required under the law. Pursuant to the Department’s regulation, employers are required to test the labor market during the 180 days preceding the filing of the form. 20 CFR 656.17(e).

Employers are also required to prepare a report of their recruitment activities. The regulations state that the employer must prepare a report signed by the employer describing the recruitment steps undertaken and the results achieved, including the number of U.S. workers who applied for the job opportunity, the number of hires, and, if applicable, the number of U.S. workers rejected, summarized by the lawful job-related reasons for such rejections. 20 CFR 656.17(g). This documentation must be maintained by the employer for five years. 20 CFR 656.10(f). Upon review of the attestation-based form, the CO may request the recruitment documentation and recruitment report via the Audit Review process. 20 CFR 656.20. The CO requests workers’ resumes sorted by the reasons they were rejected in every case that is audited. 20 CFR 656.17(g)(1). If the information provided by the employer fails to resolve the concerns of the CO, the case may be denied or inducted into supervised recruitment for closer review. 20 CFR 656.24.

In any case where the CO determines it to be appropriate, post-filing supervised recruitment may be ordered. 20 CFR 656.21. This includes cases selected for audit and cases where questions arise about the adequacy of the employer’s test of the labor market. Supervised recruitment is a process whereby the Department oversees all aspects of the employer’s recruitment of U.S. workers, including approving job advertisement text and informing the employer where to recruit, receiving all U.S. worker resumes, and reviewing the employer’s recruitment report to ensure all U.S. worker applicants have been properly considered. Subsequently, at the completion of the supervised recruitment efforts, the employer is required to provide a report of its supervised recruitment steps, including documenting the lawful job-related reasons for not hiring any U.S. workers who applied for the position.

A3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

In compliance with the Government Paperwork Elimination Act, a fillable version of the form and its associated documents can be found on-line at https://www.dol.gov/agencies/eta/foreign-labor/forms. U.S. employers electronically submit their applications via the Foreign Labor Application Gateway (FLAG) at https://flag.dol.gov/ or may complete, print, and submit by mail a copy of the form, if they choose to do so. In circumstances where the application is filed using the traditional paper-based method, the ETA Office of Foreign Labor Certification (OFLC) staff will manually enter the data and information contained on the paper application for processing in a similar manner as those filed electronically.

Employers have the option to use FLAG, which permits employers to fill out their PERM applications on the Department’s website and submit them electronically. Because FLAG includes guidance to employers completing their applications on-line, there are fewer incomplete or inaccurate entries.

When the employer or, if applicable, its authorized attorney or agent initially enters contact information and establishes an account, the Form ETA-9089 Case Preparation Module will allow the system to automatically pre-populate all contact information from the Application for Prevailing Wage Determination, Form ETA-9141, significantly reducing the time and burden for repeated online data entry. The aforementioned process, has resulted in the submission of all required information being available at the time of filing the application, has facilitated a more efficient and consistent review of the employer’s application, and has reduced the incidence of the Department returning an incomplete application without further review.

FLAG includes detailed instructions, prompts, and checks to help employers fill out the Form ETA-9089. To file electronically, the employer must become a “registered user” by creating an account that contains secure files within the electronic filing system that can be accessed by password. Each time a registered user accesses the website to file an application, the information common to that user’s applications is entered automatically by the electronic filing system, thereby reducing the burden on registered users. Moreover, in the response to an Audit or a Request for Information (RFI), where it is not practical to collect supporting documentation using a standard OMB-approved appendix, the system permits an employer to upload documentation supporting the application in an acceptable digitized format (e.g., Adobe PDF, Microsoft Word, .TXT, etc.).

A4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

The procedures and documentation requirements are sufficiently specific to avoid duplication of activities. No other government agency collects similar information to adjudicate this type of application.

A5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The information collected under this IC is required of small businesses that need foreign workers under the PERM visa classification of the INA. Based on FY 2025 data year-to-date, only 13.8 percent of applications for PERM employment certification are submitted by small entities.¹ The Department cannot make any exemptions or eliminate forms for small entities because the statute and regulations require all employers seeking PERM employment certification to make the necessary attestations and provide the information requested. These forms ensure that the Department relies on a uniform system that allows employers to provide the information that is necessary to process their requests for PERM employment certifications.

This collection of information is not disproportionately more burdensome for small entities than it is for large ones, because the forms and accompanying appendices are easy to understand and provide all necessary attestations and assurances to minimize the need for the filing employer to find the appropriate law or regulation to know how to request a PERM labor certification. Recordkeeping requirements largely involve information that already exists in payroll and other records kept by most employers for other purposes. The Department believes that the recruitment requirements are those that any business would use to legitimately recruit workers.

This IC does not impose any extra requirements on small entities. These forms collect the minimum information required from all PERM employers to determine program eligibility and allow DOL to issue an employment certification determination.

A6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

DOL would be unable to meet its statutory and regulatory mandates if this information were not collected. The information must be collected to enable DOL to meet its obligations by determining whether an employer and foreign worker meet the criteria necessary to be issued a certification and whether employment of the foreign worker will adversely affect the wages or working conditions of U.S. workers similarly employed.

A7. Explain any special circumstances that would cause an information collection to be conducted in a manner that requires further explanation pursuant to regulations 5 CFR 1320.5.

There are no special circumstances that would require the information to be collected or kept in any manner other than those normally required under the PRA, except that the Department’s regulations require that employers retain applications for PERM employment certifications and all supporting documentation for five years after submission. 20 CFR 656.10(f). The Department requires that employers maintain supporting documentation because the CO may decide that it is necessary to conduct an Audit Review or Supervised Recruitment of the application, and DHS may decide it is necessary to review the employer’s supporting documentation in the course of processing the Form I-140, Immigrant Petition for Alien Workers, to which the form is attached. Either Department may want to review the information for the purpose of investigating possible violations of the INA.

A8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years—even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

In accordance with the PRA, the Department solicited comments on this proposed collection for 60 days. The Department published the 60-day Federal Register notice on July 7, 2025 (90 FR 29890), and the public comment period expired on September 5, 2025. The Department did not receive any comments from commenters regarding this IC. The public will be allowed 30 days to comment in response to this Federal Register notice.

A9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payments or gifts will be made to respondents in exchange for the information provided in response to this information collection.

A10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the information provided is protected under the Privacy Act. The extent of privacy that applicants can expect is delineated on Form ETA-9089. The Department maintains a System of Records titled Employer Application and Attestation File for Permanent and Temporary Alien Workers (DOL/ETA-7) that includes this record.

Under routine uses for this system of records notice, case files developed in processing employment certification applications, labor condition applications, and prevailing wage determination, are released to the employers that filed such applications and their representatives; to review Department actions in connection with appeals of denials or other wage-related final determinations before the Office of Administrative Law Judges or Federal Courts; and to participating agencies such as the DOL Office of Inspector General, DOL Wage and Hour Division, DHS, the U.S. Citizenship and Immigration Services (USCIS), and DOS in connection with administering and enforcing related immigration laws and regulations. Records may also be released to named foreign worker beneficiaries or their representatives, and third-party requests under the Freedom of Information Act.

A11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

The information collections do not involve sensitive matters.

A12. Provide estimates of the hour burden of the collection of information.

The Department is adjusting the hourly burden estimates for this information collection. The following table can be used as a guide to calculate the total information collection burden:

Activity	Number of Respondents	Frequency	Total Annual Responses	Time per Response (in hours)	Total Annual Burden (Hours)	Hourly Rate	Monetized Value of Respondent Time
Completion and Submission of Form ETA-9089	32,262	4.67745	150,904	0.1667	25,150.70	$54.43	$1,368,952.60
Appendix A	32,262	4.67745	150,904	0.2	30,180.8	$54.43	$1,642,740.94
Appendix B #	3,073	5.167	15,878	0.05	793.9	$54.43	$43,211.98
Appendix C #	18,613	4.3537	81,035	0.1	8,103.5	$54.43	$441,073.51
Appendix D #	463	4.565875	2,114	0.05	105.7	$54.43	$5,753.25
Gathering and Submission of Evidence	65	1	65	1.0	65	$54.43	$3,537.95
Recruitment	32,262	4.67455	150,904	1.0	150,904	$54.43	$8,213,704.72
Retention of Supporting Documentation	32,262	4.67455	150,904	.0833	12,570.3	$54.43	$684,201.43
Supervised Recruitment	17	8.157	138.67	4.0	554.68	$54.43	$30,191.23
Requests for Reconsideration and BALCA Appeals	1,485.333	2.011	2987	2	5,974	$54.43	$325,164.32
Professional Athlete Application	56.67	1.89428	107.33	1.367	146.72	$54.43	$7,985.97
National Interest Waiver Qualifications $	385.33	108.43778	41,784.33	0.2	8,356.87	$54.43	$454,864.43
Schedule A Applications $	872.33	23.7582	20,725	0.367	7,606.08	$54.43	$413,998.93
Sheepherder Applications	7,000	1	7,000	0.367	2,569.00	$54.43	$139,830.67
Notice Requirements	40,191*	5.39629	178,736.33*	0.5	89,368.17	$54.43	$4,864,309.49
Unduplicated Totals	40,576.33**	N/A	954,186.66	1.867***	342,449.42	$54.43	$18,639,521.42

* This figure represents the total respondents required for notice, which includes respondents using the basic filing process, including professional athletes, Schedule A, and Sheepherders. 656.10(d). It does not include NIWs.

** This figure is not an aggregated total of all of the figures in this column. This total includes unique filers for applications filed with the Department as well as those submitted to DHS, including NIWs.

*** This estimate of 1.867 hours (or 1 hour and 52 minutes) is the average total estimated time burden incurred by respondents while performing the mandatory steps (e.g., submission, recruitment, document retention, notice, etc.) associated with this information collection for the basic labor certification process. 20 CFR 656.17. This figure is not an aggregated total of all of the figures in this column. Not all respondents must execute every step associated with this IC.

# This data is calculated only using Fiscal Year (FY) 2024 data, as it was the only full year in which the appendices were used by the respondents for submitting the Form ETA-9089. Other entries are calculated using the average of FY 2022 – 2024 data.

$ In previous versions of this ICR, ETA relied on data from USCIS that, at the time, only provided the total volume of NIW and Schedule A applications. USCIS now provides the public with more complete data, including the number of unique filers.

The Department receives PERM applications from a wide spectrum of U.S. employers. While compensation rates for the employees performing the reporting and recordkeeping functions related to the Form ETA-9089 vary, the Department believes that in most companies a human resources specialist will perform these activities. The national mean hourly wage for a human resource specialist (SOC code 13-1071) is $38.33.² The average percentage of benefits in total is 42%.³ The total compensation is therefore $54.43 ($38.33 x 1.42) for a Human Resource Specialist.

1. Form ETA-9089 – Application for Permanent Employment Certification

Employers submit a Form ETA-9089 when they seek to employ immigrant workers. Burden calculations have been split to provide an estimate of the annual burden hours associated with the form and each of its appendices, instead of a single figure estimating the burden for the form as a whole.

Over a period of three FYs (i.e., FYs 2022, 2023, 2024), the Department received 452,712 PERM applications.⁴ These 452,712 applications were filed by 32,262 unique employers as identified by the Federal Employer Identification Number (FEIN), indicating that each employer submitted an average of 14.032 applications during that three-year period. Accordingly, this data indicates that on average, the Department projects to receive 150,904 applications (452,712 / 3) each year. Similarly, these 32,262 unique employers filed on average approximately 4.67745 applications per year (150,904 / 32,262).

• Completion & Submission of Form ETA-9089 – Application for Permanent Employment Certification

The Department estimates that it takes applicants 10 minutes to complete and submit the form once program requirements have been completed. The total annual burden for completing Form ETA-9089 is estimated to be 25,150.70 hours (150,904 respondents x 0.1667 hours per application). This estimate is associated solely with the completion and submission of the Form ETA-9089 as the system will allow employers to electronically file their applications and to upload their responsive documents directly to their application. As determined by the system, information that is placed on the form is auto-populated from the employer’s profile in FLAG and the Form ETA-9141 to include the Employer Information, Employer Point of Contact, and Employer Worksite Information among other pertinent data associated with the form once the employer inputs their prevailing wage determination (PWD) tracking number for the job opportunity. This time estimate does not encompass the time estimate incurred by respondents in connection with other steps associated with this information collection. Separating Appendix A from the Form ETA-9089 also allows employers who file applications frequently for similar job opportunities to effectively reuse the same data, while only having to complete Appendix A for each foreign worker.

• Form ETA-9089 – Appendix A: Foreign Worker Information

The Department estimates that it will take employers an additional 12 minutes along with the completion of the form to complete Appendix A. The total annual burden for completing Appendix A is also estimated to be 30,180.8 hours (150,904 responses x 0.2 hours per application).

• Form ETA-9089 – Appendix B: Additional Worksite Information

In circumstances where the employer needs workers to perform the services or labor at more than one specific worksite address or geographical area, the employer must complete the Appendix B. Employers already submit information disclosing all worksites, and Appendix B has established a standardized process and provided an electronic format for collecting this existing information.

The Department estimates that it will take employers an additional 3 minutes along with the completion of the Form ETA-9089 to complete Appendix B. As this appendix only has data available for the year FY 2024 (see above chart), the Department is basing its estimate on this one year of data. Accordingly, the total annual burden for completing Appendix B is estimated to be 793.9 hours (15,878 responses x 0.05 hours per application).

• Form ETA-9089 – Appendix C: Supplemental Information

When the employer does not have enough room in the body of Form ETA-9089 to determine the job needs and qualifications of the foreign worker, the employer uses Appendix C to provide additional information. Appendix C allows this additional information to be provided for fields G.6 through G.12.

As described in the methodology above for determining the estimated burden with the Form ETA-9089, 18,613 respondents filed 81,035 responses in Fiscal Year 2024, that would require the submission of an Appendix C, submitting on approximately 4.3537 applications during that time period. As this appendix only has data available for the year FY 2024 (see above chart), the Department is basing its estimate on this one year of data. The Department estimates that Appendix C should take on average 0.1 hours to complete for each application. This yields a total burden of 8,103.5 (81,035 responses x 0.1 hours per application).

• Form ETA-9089 – Appendix D: Special Recruitment for College and University Teachers

As described in the methodology above for determining the estimated burden with the Form ETA-9089, 463 respondents filed 2,114 applications in FY 2024. The Department estimates that each unique employer will send, on average, 4.565875 applications (2,114 / 463) requiring completion of Appendix D each year. As this appendix only has data available for the year FY 2024 (see above chart), the Department is basing its estimate on this one year of data. The Department estimates that Appendix D should take on average 0.05 hours to complete for each application. This yields a total burden of 105.7 hours (2,114 responses x 0.05 hours per application).

2. Gathering and Submission of Evidence – 20 CFR 656.10(e)

The regulations allow any person to submit to the CO documentary evidence regarding a PERM application that is filed with the Department. The Department estimates that 50 individuals or organizations will avail themselves of the opportunity to provide such evidence and each filing of documentary evidence will take approximately one hour for a total annual burden of 50 hours.

Individuals or organizations may provide to the appropriate DHS office documentary evidence of fraud or willful misrepresentation in a Schedule A application filed under 20 CFR 656.15 or a sheepherder application filed under 20 CFR 656.16. The Department estimates 15 individuals or organizations will avail themselves of the opportunity to provide such evidence and each filing of documentary evidence will take approximately 1 hour for a total annual burden of 15 hours.

The total annual burden for submission of evidence to DOL and DHS offices would come to 65 reporting hours (50 + 15 = 65 respondents x 1 per respondent x 1 hour).⁵

3. Recruitment – 20 CFR 656.17(e), (f) and (g)

Job advertisements. Recruitment activities, including advertising for workers and placing job orders, is a usual and customary activity of employers. Therefore, under OMB regulations at 5 CFR 1320.3(b)(2), the resources expended by employers to comply with the recruitment provisions at 20 CFR 656.17(e) and (f) are excluded from the paperwork burden estimates for this ICR.

Employer’s recruitment report. All employers that file applications under the basic process at 20 CFR 656.17 must prepare a summary report under section 656.17(g) signed by the employer describing the recruitment steps undertaken and the results achieved, including the number of hires, and if applicable the number of U.S. workers rejected, summarized by the lawful job- related reasons. Further, the CO, after reviewing the employer’s recruitment report, may request the resumes or applications of U.S. workers sorted by the reasons they were rejected.

The Department estimates that it will take an employer an average of one hour to prepare a recruitment report for each application it files, and, if resumes are requested by the CO, there should be no additional burden as an employer would already have reviewed and sorted the resumes it received for the application as part of completing the recruitment report. Since the Department anticipates that 150,904 applications for PERM employment certification will be filed under the basic process, which requires advertising, the total annual burden for preparing recruitment reports is estimated to amount to 150,904 recordkeeping hours (150,904 responses x 1 hour).

4. Retention of Supporting Documentation – 20 CFR 656.10(f)

The regulations require employers to retain records demonstrating their compliance with the advertising requirements, as well as records they used to prepare the required recruitment report. Employers already have an obligation to maintain such records.⁶

The records that employers must maintain pursuant to 29 CFR 1627.3(b) that are promulgated pursuant to the Age Discrimination in Employment Act, include but are not limited to the following:

• Job applications, resumes or any other form of employment inquiry whenever submitted to the employer in response to his advertisement or other notice of existing or anticipated job openings, including records pertaining to the failure or refusal to hire any individual;

• Promotion, demotion, transfer, selection for training, layoff, recall or discharge of any employee;

• Job orders submitted by the employer to an employment agency or labor organization for recruitment of personnel for job openings; and

• Any advertisement or notice to the public or to employees relating to job openings, promotions, training programs, or to opportunities for overtime work.

As noted, employers are already required to keep recruitment and hiring documents for one year under various equal opportunity federal laws, and the Department’s regulations require that they be kept for five years. Therefore, the Department estimates that employers will spend .0833 hours per application per year to retain an application and required supporting documentation in the four years PERM regulations require for retention beyond the one-year retention period mandated under Title VII and other equal employment opportunity laws noted above. This results in an annual burden of 12,570.3 recordkeeping hours (150,904 respondents x .0833 hours per application).

5. Supervised Recruitment – 20 CFR 656.21

In a case where the CO determines it to be appropriate, post-filing recruitment may be required of the employer. As described in the methodology above for determining the estimated burden with the Form ETA-9089, 416 applications over the three-year period from FY 2022 through FY 2024 were filed under supervised recruitment procedures. Similarly, over a single year, the Department estimates that it will receive 138.67 applications (416 / 3) requiring supervised recruitment, and that each unique employer will send, on average, 8.157 applications (138.67 / 17) requiring an employer to undergo supervised recruitment each year.

The Department estimates that the time to complete all the requirements necessary for supervised recruitment is four (4) hours. Accordingly, the total burden is 554.68 hours (138.67 responses x 4 hours per application). Of that time period, the time required to conduct such recruitment will average three hours per application (or 75 percent of the required total hours) to place the advertisement, receive and analyze resumes and interview candidates for an annual burden of 416.01 third-party disclosure hours (554.68 hours x 0.75). Employers will also be required to provide a recruitment report to the CO that, on average, will take about one (1) hour (or 25 percent of the required total hours) to prepare for an annual burden of 138.67 reporting hours (554.68 hours x 0.25).

This burden is included in the estimate of the total paperwork burden for this ICR.

6. Requests for Reconsideration and BALCA Appeals – 20 CFR 656.24

Employers may request reconsideration of a denial by the CO of a PERM application. If the reconsideration is denied, they may appeal to the Board of Alien Labor Certification Appeals (BALCA). Employers may also choose to forego a request for reconsideration and appeal directly to BALCA if an application is denied. The employer is expected to retain all evidence relating to the submitted form and is not allowed to submit new evidence while going through this process.

As described in the methodology above for determining the estimated burden with the Form ETA-9089, 1,485 respondents filed 8,961 requests for reconsideration or appeals over the three-year period from FY 2022 through FY 2024. Similarly, over a single year, the Department estimates that it will receive 2,987 appeals each year (8,961 / 3), and that each unique employer will send, on average, 2.011 appeals (2,987 / 1,485) each year.

The Department estimates that the time to complete all requirements necessary to file an appeal takes, on average, 2.0 hours. Accordingly, the total annual burden is 5,974 hours (2,987 respondents x 2 hours per appeal).

7. Professional Athlete Applications

The Form ETA-9089 serves as the sole document, for not only the Department to certify that any foreign worker seeking to enter the United States for the purpose of performing skilled or unskilled labor that is not adversely affecting wages and working conditions of U.S. workers similarly employed and that there are not sufficient U.S. workers able, willing, qualified, and available to perform such skilled or unskilled labor, but also for an employer needing to file an application for a professional athlete or coach. As described in the methodology above for determining the estimated burden with the Form ETA-9089, 170 respondents filed 322 applications over the three-year period from FY 2022 through FY 2024. Similarly, over a single year, the Department estimates that it would receive 107.33 applications (322 / 3) from 56.67 unique employers (170 / 3), or approximately 1.894 per respondent. An employer needing to complete an application for a professional athlete or coach would only need to complete the Form ETA-9089 and Appendix A. Accordingly, the Department estimates this burden to be 146.72 hours (107.33 responses x 1.367 hours).

8. National Interest Waivers

Form ETA-9089 and Appendix A now serve as the sole documents to collect more detailed information about the NIW application process that includes the job opportunity, specific worksite locations, foreign workers’ qualifications, and other pertinent information filed by a petitioner or self-petitioner with USCIS. As described in the methodology above for determining the estimated burden with the Form ETA-9089, 385.33 respondents filed 41,784.33 applications on average over the three-year period from FY 2022 through FY 2024 under the National Interest Waiver program, submitting on average approximately 108.43778 applications during that time period. Additionally, an employer needing to complete an application for an NIW would only need to complete Appendix A. Accordingly, the Department estimates this burden to be 8,356.87 total hours (41,784.33 respondents x 0.2 hours).

9. Sheepherders – 20 CFR 656.16

Form ETA-9089 is used by employers under Schedule A and for sheepherding positions, who submit the application directly to DHS. The frequency of unique filers was not available in data provided by USCIS. Without this data, the Department is making a good faith estimate that 7,000 respondents will complete one Sheepherder application annually and submit it to DHS for these positions, and the time it will take to complete the application is the combined time to complete Form ETA-9089 (0.167 hours) and Appendix A (0.2 hours), or 0.367 hours. This estimate is in line with prior submissions and general application data. The Department invites comments on how this figure can be more accurately calculated based on publicly available data. Accordingly, the Department estimates this burden to be 2,569 hours (7000 responses x 0.367 hours).

10. Schedule A – 20 CFR 656.15

Additionally, the Department estimates that DHS would receive 20,725 applications each year, from 872.33 unique employers and that each unique employer sent on average approximately 23.7852 applications. Accordingly, the Department estimates the total burden to be 7,606.08 total hours (20,725 applications x 0.367 hours per respondent).

11. Notice Requirements – 20 CFR 656.10(d)

Employers must provide notice of the filing of the Form ETA-9089 to either their employees directly or to their employees’ bargaining representative in a manner specified in 20 CFR 656.10(d). This requirement does not apply to individuals using the form to apply for a NIW, but will for every other application, or for 40,191 respondents (32,262 PERM respondents + 56.67 professional athlete respondents + 7,000 sheepherder + 872.33 Schedule A respondents), who will file 178,736.33 applications (150,904 basic process applications + 107.33 professional athlete applications + 7,000 sheepherder + 20,725 Schedule A applications), on average approximately 2.6899 responses per year. For employers covered by the requirement, the notice must be posted in a conspicuous place for 10 business days. Producing a notice, posting it, and documenting the dates of posting takes approximately 0.5 hours for a total of 89,368.17 third party disclosure hours (178,736.33 applications x 0.5 hours).

A13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet)

a) Start-up/capital costs: There are no start-up costs. There is no obligation to own a computer to participate in the program. Anyone without computer access can request the form and appendices from DOL.

b) Annual costs: There are no annual costs involved with the operation and maintenance of the forms because the Department will be responsible for the annual maintenance costs for the free downloadable forms. There is also no filing fee involved with filing a Form ETA-9089 or associated appendices. The Department assumes that employers would incur preliminary costs, such as advertising, even if they were not filing applications for employment certification because they are required to make good faith efforts to recruit U.S. workers, and it is assumed that advertising their job openings is a normal cost of doing business. Therefore, the Department is not including any out-of-pocket expenses as part of its burden estimates for the majority of cases. However, as indicated in the above response to A.12.5, the Department estimates that 17 employers will file an annual average of 138.66 applications to conduct supervised recruitment. The Department estimates that the annual cost of an advertisement over all types of publications and geographic locations will average $500.00 for a total annual burden cost of $69,330 (138.66 * $500.00). 

A14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

The Department estimates that the annual costs to the Federal government associated with the ICR are $12,883,902. This total is comprised of $4,635,236 in OFLC federal administration costs, $8,016,230 in state-level costs funded by Wagner-Peyser grants, and $232,446 in USCIS case-review costs. The total annual costs to the Federal government have been revised downward from $24,357,149 due to a decrease in OFLC federal administration and based on Department PRA guidance, removing the salary and benefits costs of federal employees ($9,255,616).

Federal administrative costs include IT systems that support application-filing and case-processing operations; rent; supplies; equipment; and agency indirect costs, which include support for human resources, financial and administrative oversight, and contracts management. The table below provides a detailed breakdown by major cost category of OFLC’s annualized costs to administer the permanent employment certification program.

Major Cost Category	Cost Activities	Annualized Costs (estimated)
Contracts for Services (not technology related)	Mail, data entry, and other clerical support services Case processing and administrative support for operations	$599,658
Technology (IT) Contracts	Application development services & network infrastructure support Hardware & software updates	$1,663,706
GSA & DHS Services	Rent payments for office space Security services	$59,797
DOL Working Capital Assessment	Indirect costs associated with DOL administrative and executive management services	$2,252,756
Supplies & Equipment	General office supplies Computers, printers, and other office related equipment	$2,973
Mail, Printing and Telecommunications	Mail services Phone and telecommunication charges Security Paper for transmission of approved applications	$19,318
Other Costs	Travel Training and other Government Agency Services	$37,018
TOTAL COSTS – OFLC FEDERAL ADMINISTRATION		$4,635,236

The Department estimates that staff in the State Workforce Agencies (SWAs) spend one hour on average to process job orders associated with Form ETA-9089. States’ costs related to these job orders are funded through Wagner-Peyser grants. The Department also estimates that USCIS staff spend twelve minutes (0.2 hours) on average to read and analyze the information contained in Form ETA-9089, which is attached to applications to USCIS for permanent residency. The table below summarizes the estimated state and USCIS costs associated with Form ETA-9089.

A15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.

OMB Control Number (1205-0508)	Previous Estimates	Current Estimates	Change
Annual Responses	675,123	954,186.66	+279,063.66
Burden Hours	234,295.67	342,449.42	+108,153.75
Cost of Time	$19,191,158.30	$18,639,521.42	- $551,636.88

The estimated burden hours and associated costs have changed due to updated projections based on more recent programmatic experience and now implemented 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.

ETA recognizes the significant increase in annual responses and burden hours.  These changes are due to a number of factors, including: (1) being able to rely on actual figures for respondents and responses to the Form ETA-9089, its appendices, and related burdens, rather than making a good faith estimate that was necessary for the previous ICR, in which ETA changed its forms to create new appendices, etc.; (2) greatly increased overall filing volumes for PERM applications since the previous ICR, which has seen baseline Form ETA-9089 applications rise over 38.6% over the previous ICR, and accordingly, has led to much larger increases in overall responses (35.13% increase) for all related downstream PERM requirements; (3) lower figures than previously estimated for USCIS-related figures, due to USCIS being able to provide more accurate and complete data, for Form ETA-9089 applications filed directly with USCIS; and (4) a marginal decrease in the total cost of time of 2.87%, due to factors explained below.

Although the number of responses and burden hours substantially increased, OFLC has standardized its ICs, as the job duties required for the burdens identified in the IC more appropriately fall under the Standard Occupational Classification (SOC) Code 13-1071, Human Resources (HR) Specialist, 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 $81.91 in the previous Supporting Statement for HR Directors to the new rate of $54.43 for HR Specialists.  This reduction in the hourly rate of $27.48 ($81.91 - $54.43) per burden hour for human resources activities is responsible for the overall slight reduction in total burden costs, despite significant increases in both responses and burden hours, by $551,642.32, under this ICR.  ETA will ensure that the HR Specialist SOC is the basis for calculating all of its future burden costs in all future ICs requiring human resources functions.

A16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

No collection of information will be published.

A17. If seeking approval not to display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The Department displays the expiration date for OMB approval on the form and instructions.

A18. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

The Department is not seeking any exception to the certification requirements.

B. Collections of Information Employing Statistical Methods

This information collection does not employ statistical methods.

1 A “small entity” has been determined based on information from NAICS, which determines whether an entity is “small” based on the number of its employees.

2 Occupational Employment and Wage Statistics, May 2024 OEWS Profiles: 13-1071 Human Resources Specialist, U.S. Department of Labor, Bureau of Labor Statistics, https://data.bls.gov/oesprofile/ (then input Business and Financial Operations Occupations in “Major occupational group” and “Human Resources Specialists” in “Detailed Occupations”).

3 Employer Costs for Employee Compensation – December 2024, U.S. Department of Labor, Bureau of Labor Statistics, https://www.bls.gov/news.release/ecec.nr0.htm.

4 Figures for submissions of Form ETA-9089 applications to DHS or in support of NIWs, are addressed in Section A.12.8, below.

5 Neither the Form ETA-9089 application nor its accompanying instructions refers to the voluntary submission of evidence under 20 CFR 656.10(e). However, the PRA and its burden estimate requirements apply to information collections that are voluntary, as well as mandatory. 5 CFR 1320(c)(3) and 1320.8(a)(4) and (b)(4).

6 The burden to maintain such records can be excluded in compiling the burden under this ICR. See, e.g., Equal Employment Opportunity Commission (EEOC) regulations at 29 CFR 1602.14 (OMB Control No. 3046-0040), promulgated pursuant to Title VII of the Civil Rights Act, the American With Disabilities Act, and the Genetic Information Nondisclosure Act; and at 29 CFR 1627.3(b) (OMB Control No. 3046-0018), promulgated pursuant to the Age Discrimination in Employment Act.