Foreign Labor Certification Instruments

Forms and Documents

Document Name	Status
Form ETA 9141 H-2B Rulemaking Form and Instruction	Modified
Form ETA 9142 H-2A Rulemaking Form and Instruction	Modified
Non Substantive Justification for WFRImplementation 2 10 2011.pdf Justification for No Material/Nonsubstantive Change	2011-02-10
Court Opinion Nov 24, 2010, Appendix to Form.pdf Supplementary Document	2010-12-29

IC Document Collections

IC ID	Document Title	Status
186979	H-2B Rulemaking Form and Instruction	Modified
186978	H-2A Rulemaking Form and Instruction	Modified

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 201102-1205-002
Status: Historical Active	Previous ICR Reference No: 201012-1205-005
Agency/Subagency: DOL/ETA	Agency Tracking No: ETA 9141 electronic version
Title: Foreign Labor Certification Instruments
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/17/2011
	Date Received in OIRA: 02/11/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	11/30/2011	11/30/2011
Responses	693,902	0	693,902
Time Burden (Hours)	513,010	0	513,010
Cost Burden (Dollars)	1,575,340	0	1,575,340

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Abstract: The application forms and other information requirements are necessary to the collection of information from U.S. employers wishing to hire foreign workers for temporary and permanent employment under the H-2A, H-2B, H-1b (including H-1B1 and E3), H-1C, and PERM programs. The information collected is used by the Secretary of Labor to make the necessary certification in compliance with the Immigration and Nationality Act as amended. ETA 9141, used to Federalize a process formerly done differently by each State Workforce Agency, is now available as an electronic submission.

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Authorizing Statute(s): US Code: 8 USC 1182(a)(5)(A), (m), (n), (t) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1184 (c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(E)(iii), (H)(i) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1153(b)(3) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB55	Not associated with rulemaking	73 FR 77109	12/18/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
H-2B Rulemaking	ETA 9141, ETA-9141, ETA 9142, ETA 9142 Appendix B.1	Appliction for Prevailing Wage Determination ,   Prevailing Wage Determination, PDF form, printed out from electronic submission ,   Application for Temporary Employment Certification ,   Application for Temporary Employment Certification, Appendix B.1
H-2A Rulemaking	ETA 9142 Appendix A.1, ETA 9142 Appendix A.2, ETA 9142	Application for Temporary Employment Certification ,   Application for Temporary Employment Certification, Appendix A.2 ,   Application for Temporary Employment Certification, Appendix A.1

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ICR Summary of Burden

	Total Approved	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	693,902	693,902	0	0	0	0
Annual Time Burden (Hours)	513,010	513,010	0	0	0	0
Annual Cost Burden (Dollars)	1,575,340	1,575,340	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: No

Burden Reduction Due to:

Short Statement: The increase in burden through the use of a new form, ETA-9142, occurred because the form currently in use for the temporary H-2A and H-2B programs, ETA 750A (OMB control number 1205-0015; the form will no longer be used for these two programs), is no longer sufficient for the Secretary of Labor's foreign worker certification responsibilities. Thus the Department of Labor proposes that information previously collected by ETA 750A would now be collected by ETA-9142 for the H-2A and H-2B programs, and ETA-9141 would used to collect the necessary information for the newly federalized process previously done by the State Workforce Agencies for the H-2A, H-2B, H-1B (including H-1B1 and E-3) and the permanent labor certification programs.

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Annual Cost to Federal Government: $10,350,123

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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Common Form ICR:  No

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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: 02/11/2011

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