Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
215966	H-2B Employer-Provided Survey Attestation	New

ICR Details

OMB Control No: 1205-0516	ICR Reference No: 201504-1205-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/30/2015
OIRA Conclusion Action: Preapproved	Conclusion Date: 04/28/2015
	Date Received in OIRA: 04/10/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2015	6 Months From Approved
Responses	556	0	0
Time Burden (Hours)	348	0	0
Cost Burden (Dollars)	211,884	0	0

---

Abstract: This ICR supports Employment and Training Administration regulations regarding the use of wage surveys in the H-2B labor certification program. The regulations require employers to submit a cover sheet answering questions about the private wage survey they are submitting to obtain their prevailing wage determination.

Emergency Justfication: Emergency processing is necessary because regular PRA procedures outlined in 5 CFR 1320 would prevent the agency from responding to an unanticipated event, the adverse court decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 774 F.3d 173 (3rd Cir., Dec. 5, 2014) (CATA III), which vacated the DOL’s authority to accept employer-provided surveys to set the prevailing wage in the H-2B visa program for temporary non-agricultural foreign workers. This information collection is essential to the mission of DOL, and must be approved in an expedited fashion so as to continue providing the U.S. Citizenship and Immigration Services of the Department of Homeland Security with the necessary consultations required under the H-2B statute.

---

Authorizing Statute(s): US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1011(a)(15)(H)(ii)(b) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB72	Final or interim final rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
H-2B Employer-Provided Survey Attestation	ETA-9165

---

ICR Summary of Burden

	Total Request	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	556	0	0	556	0	0
Annual Time Burden (Hours)	348	0	0	348	0	0
Annual Cost Burden (Dollars)	211,884	0	0	211,884	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: No

Burden Reduction Due to:

Short Statement: The Department of Labor is promulgating a final rule, which has a new PRA requirement.

---

Annual Cost to Federal Government: $3,216

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: 04/10/2015

---