H-2A Advertising Requirement

Forms and Documents

Document Name	Status
SSA_H2A_Advertising NPRM_920181109.docx Supporting Statement A	2018-11-09

IC Document Collections

IC ID	Document Title	Status
233045	Retention of Initial Electronic Advertising (Recordkeeping)	New
233037	Placement of Electronic Advertisement (3rd Party Disclosure)	New

ICR Details

OMB Control No: 1205-0532	ICR Reference No: 201809-1205-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Advertising Requirement
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 12/18/2018
	Date Received in OIRA: 11/09/2018
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This Information Collection Request (ICR) seeks approval from the Office of Management and Budget (OMB) for a new information collection associated with revisions that the Department of Labor (DOL or Department) is proposing to its regulations governing the recruitment that an employer must conduct in order to obtain a temporary labor certification under the H-2A Program. The proposed revisions, which are detailed in a companion Notice of Proposed Rulemaking published in the Federal Register, closely relate to existing information collections approved for the H-2A Foreign Labor Certification Program under control number 1205-0466. The Department is not submitting this ICR under that control number, however, because the Reginfo.gov database allows only one ICR per control number to be pending at any given time, and the Department anticipates that its existing control number will be encumbered by an unrelated ICR when it submits an ICR related to the Final Rule in this exercise. The Department is therefore submitting the instant ICR under a different control number for administrative purposes only. Once all of the outstanding actions are complete, the Department intends to submit a non-material change request to transfer the burden from this control number to the existing control number for the H 2A Foreign Labor Certification Program (1205-0466) and discontinue use of this control number.

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Authorizing Statute(s): US Code: 8 USC 1101(a)(15)(H)(ii)(a) Name of Law: Immigration and Nationality Act (INA)
   US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act (INA)
   US Code: 8 USC 1188(a) 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:
1205-AB90	Proposed rulemaking	83 FR 55985	11/09/2018

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 55985	11/09/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 55985	11/09/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Placement of Electronic Advertisement (3rd Party Disclosure)
Retention of Initial Electronic Advertising (Recordkeeping)

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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 is a new information collection request. The proposed regulatory changes create a Paperwork Reduction Act burden that is not currently accounted for under OMB approved ICR 1205-0466 authorizing the collection of information under the H-2A program.

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Annual Cost to Federal Government:

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: 11/09/2018

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