Foreign Labor Certification Instruments

Forms and Documents

Document Name	Status
Form ETA Form 9142 H-2A Rulemaking Form	Modified
emergency justification memo final.doc Supplementary Document	2012-04-26
1205-0466 Supporting Statement Final.doc Supporting Statement A	2012-04-27

IC Document Collections

IC ID	Document Title	Status
186979	H-2B Rulemaking Other-Screen Shots	Modified
186978	H-2A Rulemaking Form	Modified

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 201204-1205-007
Status: Historical Active	Previous ICR Reference No: 201111-1205-007
Agency/Subagency: DOL/ETA	Agency Tracking No: H-2B Emergency Reversion
Title: Foreign Labor Certification Instruments
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/27/2012
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/27/2012
	Date Received in OIRA: 04/26/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2012	6 Months From Approved	04/30/2015
Responses	1,104,747	0	1,321,819
Time Burden (Hours)	468,902	0	389,225
Cost Burden (Dollars)	1,752,700	0	1,712,815

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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.

Emergency Justfication: On April 8, 2012, OMB approved changes to this Information Collection in conjunction with recent rulemaking resulting in a final rule published on February 21, 2012 (the 2012 H-2B Final Rule) (77 FR 10038). However, a lawsuit was brought in Federal court in the Northern District of Florida, Pensacola Division, against the Department and an order is expected to be issued by the court enjoining the Department from implementing the 2012 H-2B Final Rule. (Bayou Lawn & Landscape Services, et al. v. Hilda L. Solis, et al., 12-cv-00183-RV-CJK). This requires the Department to revert back to the information collection instruments used in this collection prior to this most recent H-2B rulemaking. Specifically, ETA Form 9155, H-2B Registration, is no longer needed. ETA Form 9142 and Appendix B.1 must revert back to the specific information collected before the H-2B Final Rule. The combination of 1205-0404 and 1205-0466 will now be divided again into two separate ICs as it was in the past. (To ensure the public is fully aware of the intent to combine Control Numbers 1205-0466 and 1205-0404, the agency will publish a Federal Register Notice to seek comments on the merger that specifically identifies each Control Number.) ETA Form 9141 also reverts back to the information collection before the H-2B Final Rule. The Appendix A.1 to ETA Form 9142 was removed from the Department’s August 19, 2009 ICR and continues to be obsolete. As a result, DOL is asking for this emergency revision to use the former 1205-0466 instrument, except as otherwise noted. The reason the forms must revert back to those in effect prior to the rulemaking is because the attestations that an employer using the H-2B program must make, which are listed in Appendix B.1, have changed substantially and the Department cannot require employers to make attestations that are not required by the current regulations, which will remain in effect if the rule is enjoined.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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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 - Appendix B.1, ETA Form 9141, ETA Form 9142	Application for Prevailing Wage Determination ,   Application for Temporary Employment Certification ,   Application for Temporary Employment Certification - Appendix B.1
H-2A Rulemaking	ETA Form 9142 Appendix A.2, ETA Form 9142	Application for Temporary Employment Certification ,   Application for Temporary Employment Certification - Appendix A.2

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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	1,104,747	1,321,819	0	-217,072	0	0
Annual Time Burden (Hours)	468,902	389,225	0	79,677	0	0
Annual Cost Burden (Dollars)	1,752,700	1,712,815	0	39,885	0	0

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The changes reflected in this ICR are attributed to the reversion back to the 2008 H-2B Final Rule. This Information Collection Request (ICR) most recently contained the burden and cost estimates for the 2012 H-2B Final Rule. However, a Federal court in the Northern District of Florida, Pensacola Division, is expected to enjoin the Department from implementing the 2012 H-2B Final Rule. The changes in the number of responses and burden hours in H-2B IC result from the reversion back to the old requirements under the 2008 regulations. Current estimates are based on the annual average of actual applications received over the course of three years.

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Annual Cost to Federal Government: $6,897,707

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: 04/26/2012

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