H-2B Foreign Labor Certification Program

Forms and Documents

Document Name	Status
Form ETA-9165 H-2B Employer-Provided Survey Attestation Form	New
Form ETA-9142B Seafood H-2B Seafood Worker Requirements-Attestation Presentation Form	Unchanged
Form ETA-9155 H-2B Employer Registration Form	Unchanged
Form ETA-9142B H-2B Program Form	Modified
Justification.doc Justification for No Material/Nonsubstantive Change	2018-10-23
Appropriation Act Riders.pdf Supplementary Document	2015-12-24
JUSTIFICATION FOR NONSUBSTANTIVE CHANGE.docx Justification for No Material/Nonsubstantive Change	2015-12-24
H-2B Supporting Statement Final.doc Supporting Statement A	2015-10-26

IC Document Collections

IC ID	Document Title	Status
232986	H-2B Employer-Provided Survey Attestation Form	New
211114	H-2B Seafood Worker Requirements-Attestation Presentation Form	Unchanged
211113	H-2B Employer Registration Form	Unchanged
204361	H-2B Program Form	Modified

ICR Details

OMB Control No: 1205-0509	ICR Reference No: 201805-1205-002
Status: Historical Active	Previous ICR Reference No: 201512-1205-006
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2B Foreign Labor Certification Program
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/07/2018
	Date Received in OIRA: 06/28/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	12/31/2018	12/31/2018
Responses	180,463	0	180,185
Time Burden (Hours)	48,916	0	48,800
Cost Burden (Dollars)	351,800	0	351,800

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Abstract: This ICR supports Department of Labor and Department of Homeland Security regulations that contain information collections under the H-2B labor certification program.

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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
   PL: Pub.L. 113 - 76 113 Name of Law: Consolidated Appropriations Act, 2014
  

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 39801	07/10/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 66575	10/29/2015
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
H-2B Employer Registration	ETA-9155	H-2B Registration
H-2B Seafood Worker Requirements-Attestation Presentation	ETA-9142B Seafood Attestation	H-2B Seafood Attestation
H-2B Program	ETA-9142B, ETA-9142B	H-2B Application for Temporary Employment Certification ,   H-2B Application for Temporary Employment Certification
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	180,463	180,185	0	278	0	0
Annual Time Burden (Hours)	48,916	48,800	0	116	0	0
Annual Cost Burden (Dollars)	351,800	351,800	0	0	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: The Department requests the transfer of the annual burden hours covered by OMB Control Number 1205-0516 (116 hours), and the corresponding number of respondents (278 respondents), to OMB Control Number 1205-0509. As a result, the estimated number of respondents and annual burden hours associated with OMB Control Number 1205-0509 has increased.

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Annual Cost to Federal Government: $2,186,905

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.     No

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: 06/28/2018

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