Foreign Labor Certification Instruments

Forms and Documents

Document Name	Status
Form ETA 9142 H-2B Rulemaking Form and Instruction	Modified
Form ETA 9142 H-2A Rulemaking Form and Instruction	Modified
SUPPORTING_STATEMENT_H-2B july 29 2011 final.doc Supporting Statement A	2011-07-29

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: 201103-1205-010
Status: Historical Inactive	Previous ICR Reference No: 201102-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No: ETA 9141 electronic version
Title: Foreign Labor Certification Instruments
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 07/30/2011
	Date Received in OIRA: 03/18/2011
Terms of Clearance: This collection should be resubmitted to OMB at the final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	36 Months From Approved	04/30/2012
Responses	693,902	0	693,902
Time Burden (Hours)	513,010	0	513,010
Cost Burden (Dollars)	1,575,340	0	1,575,340

---

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 an electronic submission.

---

Authorizing Statute(s): 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
   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
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB58	Proposed rulemaking	76 FR 15130	03/18/2011

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
H-2B Rulemaking	ETA 9142, ETA 9141, ETA 9155, ETA 9141, ETA-9142 Appendix B 1, ETA 9141 instructions, highlighted changes, ETA 9141, ETA 9142 Appendix B.1	Application for Temporary Employment Certification ,   Application for Temporary Employment Certification, Appendix B 1 ,   Application for Temporary Employment, Appendix B1 ,   H2B Registration ,   Application for Prevailing Wage Determination ,   Application for Prevailing Wage Determination, highlighted changes ,   Application for Prevailing Wage Determination, Instructions ,   Applicaiton for Prevailing Wage Determination, Instructions
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

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The changes are due to new rulemaking. Previously this Information Collection Request (ICR) contained the burden and cost estimates for the H-2A and H-2B rulemaking that occurred in 2008 and became effective in January of 2009. The Department created two distinct ICs within the one ICR. This new H-2B NPRM modifies the current H-2B and PERM regulations and, because the H-1B regulations refer to the section modified in this rulemaking at 20 CFR 656.40, effectively the H-1B program is also affected. However, the burden hours previously accounted for in the PERM and H-1B programs have not changed, therefore, the totals listed in the previous H-2B IC are being included so that all the burdens previously accounted for and the ones being accounted for here are included for this updated IC. The changes in the H-2B IC are due to new requirements in the proposed rule, better calculations of the information collections required, and updated data on program usage. ROCIS entries for the H-2A information collections reflect the supporting statement information, which incorporates information from the previous supporting statement. The annual cost burden change in ROCIS is now disaggregated into $162,930 as the amount for a "change due to agency estimate," and $869,135 is attributed to a "change due to agency discretion."

---

Annual Cost to Federal Government: $11,151,217

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

---

Common Form ICR:  No

---

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: 03/18/2011

---