Foreign Labor Certification Instruments

Forms and Documents

Document Name	Status
Form ETA Form 9142; App H-2A Rulemaking Form	Modified
H-2B Final Rule Supporting Statement 3-9-12.doc Supporting Statement A	2012-03-09

IC Document Collections

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

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 201111-1205-007
Status: Historical Active	Previous ICR Reference No: 201102-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No: H-2B Comprehensive Final Rule
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: Approved with change	Conclusion Date: 04/08/2012
	Date Received in OIRA: 11/30/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2015	36 Months From Approved	04/30/2012
Responses	1,321,819	0	693,902
Time Burden (Hours)	389,225	0	513,010
Cost Burden (Dollars)	1,712,815	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), 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.

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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-AB58	Final or interim final rulemaking	77 FR 10038	02/21/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 45621	07/21/2011
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 Form 9142, ETA Form 9155, ETA Form 9141	Application for Prevailing Wage Determination_Revised Form ,   Application for Temporary Employment Certification, Final ,   H-2B Registration
H-2A Rulemaking	ETA Form 9142, ETA Form 9142; Appendix A.2	Appendix A.2_Existing Form_113011 ,   Application for Temporary Employment Certification, Final

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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	1,321,819	693,902	0	627,917	0	0
Annual Time Burden (Hours)	389,225	513,010	0	0	-123,785	0
Annual Cost Burden (Dollars)	1,712,815	1,575,340	0	0	137,475	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 changes reflected in this ICR are attributed to the H-2B Comprehensive Final Rule. 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 burden was subsequently adjusted in late 2009 to account for the new regulations in the H-2A program. The current rulemaking modifies the existing H-2B regulations and due to revisions to the ETA Form 9141 also affect the burden hours for the prevailing wage function in the H-1B (including H-1B1 and E-3) and PERM programs. The changes in the H-2B IC are due to new requirements in the proposed rule, better calculations of the information collections required, updated data on program usage, and the sunset of the H-1C program. Finally, the Department has updated the burden entries in ROCIS for both the H-2B and the H-2A information collections to reflect updated information.

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Annual Cost to Federal Government: $10,872,666

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: 11/30/2011

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