H-2A Temporary Employment Certification Program

Forms and Documents

Document Name	Status
Form ETA-9142A H-2A Program Form	Modified
ETA-9144 Certification Letter.pdf Supplementary Document	2016-03-07
1205-0466 Supporting Statement_FINAL 03.03.16.doc Supporting Statement A	2016-03-07

IC Document Collections

IC ID	Document Title	Status
186978	H-2A Program Form	Modified

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 201603-1205-001
Status: Historical Active	Previous ICR Reference No: 201207-1205-009
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Temporary Employment 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: 05/03/2016
	Date Received in OIRA: 03/31/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2019	36 Months From Approved	05/31/2016
Responses	160,773	0	148,217
Time Burden (Hours)	49,194	0	44,174
Cost Burden (Dollars)	1,608,700	0	1,529,370

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Abstract: The Immigration and Nationality Act (INA) requires the Secretary of Labor to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) to perform certain skilled or unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may petition for any temporary skilled or unskilled foreign workers, it must submit a request for certification to the Secretary containing the elements prescribed by the INA and regulations.

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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:
	80 FR 80387	12/24/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 19208	03/31/2016
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
H-2A Program	ETA-9142A, Appendix A, ETA-9142A	H-2A Application for Temporary Employment Certification ,   H-2A Application for Temporary Employment Certification ,   Appendix A

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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	160,773	148,217	0	12,556	0	0
Annual Time Burden (Hours)	49,194	44,174	0	5,020	0	0
Annual Cost Burden (Dollars)	1,608,700	1,529,370	0	79,330	0	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: No

Burden Reduction Due to:

Short Statement: This ICR requests a change of 12,556 additional responses (from 148,217 to 160,773) and 5,020 additional burden hours (from 44,174 to 49,194). The burden costs are slightly higher because the number of H-2A workers has increased. The ICR requests a change of $79,330 (from $1,529,370 to $1,608,700). The Department is proposing changes to Appendix A to mirror the operational process implemented in the H-2B Temporary Employment Certification Program and to conform with the Department’s H-2A Final Rule for employers seeking to hire temporary foreign workers for job opportunities in herding and production of livestock on the range. These changes are not expected to affect burden estimates.

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Annual Cost to Federal Government: $1,590,842

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: 03/31/2016

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