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

Forms and Documents

Document Name	Status
Form ETA-9165 H-2B Employer-Provided Survey Attestation Form	Modified
1205 0516 Form ETA 9165 Comment response to Baker.docx Supplementary Document	2015-12-31
Revised SSA 1205-0516 ETA-9165 Supporting Statement 12.30.2105.doc Supporting Statement A	2015-12-30

IC Document Collections

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

ICR Details

OMB Control No: 1205-0516	ICR Reference No: 201510-1205-006
Status: Historical Active	Previous ICR Reference No: 201504-1205-008
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: 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: 12/31/2015
	Date Received in OIRA: 10/30/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	36 Months From Approved	12/31/2015
Responses	278	0	556
Time Burden (Hours)	116	0	348
Cost Burden (Dollars)	217,523	0	211,884

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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.

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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

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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:
	80 FR 42124	07/16/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 66577	10/30/2015
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
H-2B Employer-Provided Survey Attestation	ETA-9165	Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey

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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	278	556	0	0	-278	0
Annual Time Burden (Hours)	116	348	0	0	-232	0
Annual Cost Burden (Dollars)	217,523	211,884	0	0	5,639	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 information collection request is a new information collection that was approved under emergency procedures on April 29, 2015. However, upon further review, the agency realized the burden associated with surveyors should be accounted for as a cost item instead of as a time burden. Therefore, the burden hours are decreasing by 232 from 348 to 116. The number of respondents is decreasing by 278 from 556 to 278. The number of responses is also decreasing by 278 from 556 to 278. The costs are increasing from $211,884 to $217,523.

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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

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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: 10/30/2015

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