H-2B Foreign Labor Certification Program

Forms and Documents

Document Name	Status
Form ETA-9142B Seafood H-2B Seafood Worker Requirements-Attestation Presentation Form	Modified
Form ETA-9155 H-2B Employer Registration Form	Modified
Form ETA-9142B H-2B Program Form	Modified
1205-0509_H-2B Supporting Statement Final OMB-Final_4-21-2015.doc Supporting Statement A	2015-04-27
OMB memo requesting emergency processing.pdf Supplementary Document	2015-04-03

IC Document Collections

IC ID	Document Title	Status
211114	H-2B Seafood Worker Requirements-Attestation Presentation Form	Modified
211113	H-2B Employer Registration Form	Modified
204361	H-2B Program Form	Modified

ICR Details

OMB Control No: 1205-0509	ICR Reference No: 201504-1205-007
Status: Historical Active	Previous ICR Reference No: 201404-1205-001
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2B 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 without change	Conclusion Date: 04/29/2015
	Date Received in OIRA: 04/29/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2015	6 Months From Approved	03/31/2016
Responses	184,442	0	38,424
Time Burden (Hours)	47,992	0	16,017
Cost Burden (Dollars)	351,800	0	19,000

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Abstract: This ICR supports Department of Labor and Department of Homeland Security regulations that contain information collections under the H-2B labor certification program.

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Authorizing Statute(s): US Code: 8 USC 1011(a)(15)(H)(ii)(b) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act
   PL: Pub.L. 113 - 76 113 Name of Law: Consolidated Appropriations Act, 2014
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB76	Final or interim final rulemaking	80 FR 24042	04/29/2015

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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: 3

IC Title	Form No.	Form Name
H-2B Program	ETA-9142B, ETA-9142B, ETA-9142B Appendix B	H-2B Application for Temporary Employment Certification ,   Appendix B ,   H-2B Application for Temporary Employment Certification
H-2B Employer Registration	ETA-9155	H-2B Employer Registration
H-2B Seafood Worker Requirements-Attestation Presentation	ETA-9142B Seafood Attestation	H-2B Seafood Attestation

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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	184,442	38,424	0	146,018	0	0
Annual Time Burden (Hours)	47,992	16,017	0	31,975	0	0
Annual Cost Burden (Dollars)	351,800	19,000	0	332,800	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: An additional registration process has been added through new regulations as has the requirement to translate the job order for those foreign workers who cannot speak English. These have increased the annual cost burden. The hourly burden has increased due to other new regulatory requirements.

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Annual Cost to Federal Government: $2,186,905

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: 04/10/2015

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