Labor Certification Letter for H-2A Agricultural Foreign Workers

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Supporting statement 1205-0404 - final 3-4-13.doc	Supporting Statement A	Uploaded 2013-03-04	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
13228	Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agricuture in the United States; Administration Measures to Improve Program Performance	Other-Letter	Modified

ICR Details

OMB Control No: 1205-0404	ICR Reference No: 201210-1205-003
Status: Historical Active	Previous ICR Reference No: 200806-1205-004
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Labor Certification Letter for H-2A Agricultural Foreign Workers
Type of Information Collection: Extension without change 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: DOL has requested an abbreviated approval in order to discontinue this OMB control number. The information collection burden has been moved into OMB approved collection 1205-0466.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2013	36 Months From Approved	03/31/2013
Responses	361	0	385
Time Burden (Hours)	90	0	96
Cost Burden (Dollars)	0	0	0

---

Abstract: This ICR is submitted to ensure existing requirements remain active. The DOL intends to merge the collection into 1205-0466 upon approval by OMB. It pertains to the H-2A nonimmigrant labor certification process for agricultural foreign workers. Most of the PRA implicated provisions of the H-2A program are in 1205-0466; therefore, the Department seeks to merge the two collections and discontinue this one. The Department's regulation at 20 CFR § 655.103(e) defines the Fifty-percent Rule, which requires the employer, who received a labor certification in the H-2A program, to provide employment to any qualified, eligible U.S. worker who applies to the employer until 50% of the time of need for the foreign worker has elapsed. 20 CFR 655.106(e)(1)(ii) mandates that agricultural employers inform the SWAs if the H-2A workers do not depart for the place of employment on or before the first date of need in writing (or orally and then confirmed in writing) as soon as the employer knows that the workers will not depart by the first date of need. This provision is necessary so that the SWA can begin calculation of when to stop referring workers under the Fifty-percent Rule and when the employer can cease active recruitment.

---

Authorizing Statute(s): US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

---

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

---

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

---

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

table that charts list of burden

IC Title	Form No.	Form Name
Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agricuture in the United States; Administration Measures to Improve Program Performance

---

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	361	385	0	0	-24	0
Annual Time Burden (Hours)	90	96	0	0	-6	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: This submission, like the 2009 submission, bases the burden calculation on the number of employers who have to actually notify the SWA of departure dates. The annual burden for this information collection decreased slightly from 96 hours to 90 hours due to a slight decrease in the number of employers certified to employ H-2A workers.

---

Annual Cost to Federal Government: $41,593

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: 10/31/2012

---