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

Forms and Documents

Document Name	Status
Form 9142-B-CAA Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017 Form	Modified
JUSTIFICATION.docx Justification for No Material/Nonsubstantive Change	2017-09-14
1205-0NEW Supporting Statement_FINAL 7.18.17.DOCX Supporting Statement A	2017-07-18

IC Document Collections

IC ID	Document Title	Status
227500	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017 Form	Modified

ICR Details

OMB Control No: 1205-0530	ICR Reference No: 201709-1205-002
Status: Historical Active	Previous ICR Reference No: 201706-1205-005
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 07/18/2017
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/05/2017
	Date Received in OIRA: 12/01/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2018	01/31/2018	01/31/2018
Responses	2,298	0	2,298
Time Burden (Hours)	14,363	0	14,363
Cost Burden (Dollars)	679,174	0	679,174

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Abstract: 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).

Emergency Justfication: 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.

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Authorizing Statute(s): 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)
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 31 543 Name of Law: Consolidated Appropriations Act, 2017

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB84	Final or interim final rulemaking	82 FR 32987	07/19/2017

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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: 1

IC Title	Form No.	Form Name
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017	9142-B-CAA	ETA 9142-B-CAA

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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	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

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 is a new information collection.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 12/01/2017

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