Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017

ICR 201709-1205-002

OMB: 1205-0530

Federal Form Document

Forms and Documents
ICR Details
1205-0530 201709-1205-002
Historical Active 201706-1205-005
DOL/ETA
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017
No material or nonsubstantive change to a currently approved collection   No
Emergency 07/18/2017
Approved without change 12/05/2017
Retrieve Notice of Action (NOA) 12/01/2017
  Inventory as of this Action Requested Previously Approved
01/31/2018 01/31/2018 01/31/2018
2,298 0 2,298
14,363 0 14,363
679,174 0 679,174

This information collection request supports the Exercise of Time-Limited Authority to Increase the Fiscal Year 2017 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program final rule being promulgated by the Department of Labor (DOL or Department) and the Department of Homeland Security (DHS). The regulatory requirements would be codified at 8 CFR part 214 and 20 CFR part 655. The Information Collection Request (ICR) includes a new form, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017 (Form ETA-9142-B-CAA).
Clearance for this ICR is sought using PRA emergency procedures outlined in regulations at 5 CFR 1320.13. The President signed the Consolidated Appropriations Act, 2017 on May 5, 2017. Section 543 authorizes the Secretary of Homeland Security, in consultation with the Secretary of Labor, to increase the number of H-2B visas available to U.S. employers, notwithstanding the otherwise established statutory numerical limitation. The Secretary of Homeland Security has decided to increase the H-2B cap for FY 2017 by up to 15,000 additional visas for American businesses that are likely to suffer irreparable harm (that is, permanent and severe financial loss) without the ability to employ all of the H-2B workers requested on their petition before the end of FY 2017. The exigency created by Consolidated Appropriations Act, 2017 section 543 to meet the high demand by American businesses for H-2B workers and the short period of time remaining in the fiscal year for U.S. employers to avoid the economic harms this legislation was intended to prevent requires initial clearance using expedited processes. The Department will subsequently seek public comment to revise and extend the information collection, as appropriate, using traditional processes.

PL: Pub.L. 115 - 31 543 Name of Law: Consolidated Appropriations Act, 2017
   US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act (INA)
   US Code: 8 USC 1011(a)(15)(H)(ii)(b) Name of Law: Immigration and Nationality Act (INA)
  
PL: Pub.L. 115 - 31 543 Name of Law: Consolidated Appropriations Act, 2017

1205-AB84 Final or interim final rulemaking 82 FR 32987 07/19/2017

No

  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 2,298 2,298 0 0 0 0
Annual Time Burden (Hours) 14,363 14,363 0 0 0 0
Annual Cost Burden (Dollars) 679,174 679,174 0 0 0 0
No
No
This is a new information collection.

$0
No
    Yes
    No
No
No
No
Uncollected
Walter Parker 202 693-2778 [email protected]

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
12/01/2017


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