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
1205-0530 Supporting Statement_FINAL 6.6.19.doc Supporting Statement A	2019-06-07

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: 201802-1205-001
Status: Active	Previous ICR Reference No: 201709-1205-002
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: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/07/2019
	Date Received in OIRA: 06/25/2018
Terms of Clearance: Minor adjustments to burden estimates in the supporting statement.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2021	18 Months From Approved
Responses	2,298	0	0
Time Burden (Hours)	2,298	0	0
Cost Burden (Dollars)	104,674	0	0

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Abstract: This Information Collection Request (ICR) is seeking a three-year reinstatement with changes. The proposed burden to respondents associated with this ICR reflect the following changes in the program: (1) elimination of the requirement for respondents to file the attestation form associated with this information collection; and (2) continued retention of the attestation Form ETA-9142-B-CAA – Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 543 of the Consolidated Appropriations Act, 2017, and all supporting documentation submitted by employers to the Department of Homeland Security.

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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: 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:
	82 FR 60629	12/21/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 29140	06/22/2018
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	0	0	0	0	2,298
Annual Time Burden (Hours)	2,298	0	0	-12,065	0	14,363
Annual Cost Burden (Dollars)	104,674	0	0	-574,500	0	679,174

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The additional rules related to the H-2B program which were supported by the form expired, so the Department no longer requires the attestation form to be filed. For that reason, the change in burden since the last approval of this ICR is directly related to the proposed elimination of the requirement for employers to file the attestation form with the H-2B petition to the DHS. Employers are required to maintain documents beyond the expiration of the form, so the burden associated with this information collection only reflects the retention of the attestation form that was submitted to the DHS and the required supporting documentation.

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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: 06/25/2018

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