Foreign Labor Certification Instruments

Forms and Documents

Document Name	Status
Form ETA 9141 H-2B Rulemaking Form and Instruction	Unchanged
Form ETA 9142 H-2A Rulemaking Form and Instruction	Unchanged
Non-substantive_change_justification_for_OMB_1205-0466_20110805.doc Justification for No Material/Nonsubstantive Change	2011-08-05
SUPPORTING_STATEMENT_H-2B_july_29_2011_final_for _ROCIS.doc Supporting Statement A	2011-08-05
Final Guam Report to Congress (7-29-11) (2).pdf Supplementary Document	2011-08-02

IC Document Collections

IC ID	Document Title	Status
198760	Guam Military Construction Worker Recruitment Report Other-Draft Federal Register Notice	New
198756	Guam Military Construction Job Order Posting Other-Draft Federal Register Notice	New
186979	H-2B Rulemaking Form and Instruction	Unchanged
186978	H-2A Rulemaking Form and Instruction	Unchanged

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 201108-1205-001
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: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 10/19/2011
	Date Received in OIRA: 08/05/2011
Terms of Clearance: DOL has requested to withdraw this change request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	11/30/2011	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, Guam Military Construction Job Orders, 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.

---

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
   PL: Pub.L. 111 - 84 2834(a)(6) (A), (D, and (E) Name of Law: National Defense Authorization Act for 2010
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 84 2834(a)(6) ( A), (D), and (E) Name of Law: National Defense Authorization Act for 2010

---

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

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
H-2B Rulemaking	ETA 9142 Appendix B.1, ETA 9142, ETA 9141, ETA-9141	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
Guam Military Construction Job Order Posting
Guam Military Construction Worker Recruitment Report

---

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 was necessitated by a new statutory requirement (NDAA for 2010).

---

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

---

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: 08/05/2011

---