H-2A Foreign Labor Certification Program

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA-9142A H-2A Program	Form	Modified	Available
1205-0466 supporting statement 3 5 2013.doc	Supporting Statement A	Uploaded 2013-03-05	Available
Note to Reviewer.docx	Supplementary Document	Uploaded 2012-10-26	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
186979	H-2B Rulemaking	Other-Screen Shots	Removed
186978	H-2A Program	Form	Modified

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 201207-1205-009
Status: Historical Active	Previous ICR Reference No: 201204-1205-007
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Foreign Labor Certification Program
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: 03/05/2013
	Date Received in OIRA: 10/31/2012
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2016	36 Months From Approved	03/31/2013
Responses	148,217	0	1,104,747
Time Burden (Hours)	44,174	0	468,902
Cost Burden (Dollars)	1,529,370	0	1,752,700

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Abstract: The H-2A program enables employers to bring nonimmigrant foreign workers to the U.S. to perform agricultural work of a temporary or seasonal nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). On April 8, 2012, OMB approved changes to this Information Collection Request (ICR) in conjunction with recent rulemaking resulting in a final rule published on February 21, 2012 (the 2012 H-2B Final Rule). 77 FR 10038. All comments, documents, and forms related to the ICR approved in conjunction with the 2012 H-2B Final Rule can be found on http://omb.report. However, a lawsuit was brought in Federal court in the Northern District of Florida, Pensacola Division, against the Department and an order was issued on April 26, 2012 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.) The Department received emergency approval to revert back to the old forms from OMB on April 27, 2012, and the ICR now expires on October 31, 2012. The Department sought notice and comment on the further extension of the appropriate forms. The revised 1205-0466 from this submission will contain forms and most regulatory information collection requirements applicable to the H-2A program. The ETA Form 9142 and Appendix A.2 (now to be referred to only as Appendix A) will be known as the ETA Form 9142A, H-2A Application for Temporary Employment Certification and Appendix A. A new will contain forms and most regulatory information collection requirements applicable to the H-2B program. The ETA Form 9142 and Appendix B.1 (now to be referred to only as Appendix B) will be known as the ETA Form 9142B, H-2B Application for Temporary Employment Certification and Appendix B. The ETA Form 9141, Application for Prevailing Wage Determination, which is applicable to the H-2B, H-1B, H-1B1, E-3, and PERM programs, will go into its own ICR.

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Authorizing Statute(s): US Code: 8 USC 1101(a)(15)(H)(ii)(a) 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 49025	08/15/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 65715	10/30/2012
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
H-2A Program	ETA-9142A, ETA-9142A - Appendix A, ETA-9142A	H-2A Application for Temporary Employment Certification ,   Appendix A ,   H-2A Application for Temporary Employment Certification
H-2B Rulemaking	ETA Form 9141, ETA Form 9142, ETA Form 9142 - Appendix B.1	Application for Prevailing Wage Determination ,   Application for Temporary Employment Certification ,   Application for Temporary Employment Certification - Appendix B.1

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ICR Summary of Burden

table that charts list 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	148,217	1,104,747	0	-951,526	-5,004	0
Annual Time Burden (Hours)	44,174	468,902	0	-420,310	-4,418	0
Annual Cost Burden (Dollars)	1,529,370	1,752,700	0	0	-223,330	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This ICR requests a change of 956,891 responses (from 1,104,747 to 147,856) and 424,818 burden hours (from 468,902 to 44,084). The burden costs are slightly lower because the number of H-2A workers has decreased. The ICR requests a change of $75,900 (from $1,605,270 to $1,529,370). The changes reflected in this ICR are attributed to the separation of this ICR into three distinct ICRs, specifically 1205-0466 (for H-2A ICs); 1205-NEW1 (for H-2B ICs); and 1205-NEW2 (for prevailing wage determination ICs). The Department has updated the burden entries in ROCIS for this ICR to contain only the burdens for the H-2A information collections contained in this Supporting Statement.

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Annual Cost to Federal Government: $1,544,377

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: 10/31/2012

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