Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)

Forms and Documents

Document Name	Status
Form ETA-9142-B-CAA-2 Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018) Form	Modified
1205-0531 Supporting Statement_FINAL 6.6.19.doc Supporting Statement A	2019-06-07

IC Document Collections

IC ID	Document Title	Status
231563	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018) Form	Modified

ICR Details

OMB Control No: 1205-0531	ICR Reference No: 201811-1205-003
Status: Active	Previous ICR Reference No: 201805-1205-003
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)
Type of Information Collection: Revision of a currently 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: 11/30/2018
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	36 Months From Approved	06/30/2019
Responses	5,177	0	3,076
Time Burden (Hours)	5,177	0	19,225
Cost Burden (Dollars)	1,534,929	0	912,003

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Abstract: This information collection request supports the Exercise of Time-Limited Authority to Increase the Fiscal Year 2018 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 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018) (Form ETA-9142-B-CAA-2).

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Authorizing Statute(s): PL: Pub.L. 115 - 141 205 Name of Law: Consolidated Appropriations Act, 2018
  

Citations for New Statutory Requirements: US Code: 8 USC 1011(a)(15)(H)(ii)(b) and 1184 Name of Law: Immigration and Nationality Act (INA)

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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:
	83 FR 44305	08/30/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 61682	11/30/2018
Did the Agency receive public comments on this ICR? Yes

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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 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)	ETA-9142-B-CAA-2	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018

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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	5,177	3,076	0	2,101	0	0
Annual Time Burden (Hours)	5,177	19,225	0	-14,048	0	0
Annual Cost Burden (Dollars)	1,534,929	912,003	0	622,926	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: DOL is revising this information collection. The previously reported burden estimate has changed due to an increase on the estimated number of respondents (from 3,076 respondents to 5,177 respondents). The total estimated time burden hours, however, have been considerably decreased, because the requirements to complete and submit the attestation to DHS/USCIS, conduct additional recruitment, and conduct the business harm assessment have already been completed. As a result, DOL projects a decrease of the total annual burden for this collection of the previously approved 19,225 burden hours to 5,177 burden hours. DOL is proposing to revise this information collection to eliminate the burden associated with preparing and submitting the attestation to DHS/USCIS, as USCIS is no longer accepting these forms in connection with the petitions employers filed as a result of the temporary final rule that went into effect on May 31, 2018. DOL is also proposing to eliminate the requirement of conducting a business harm analysis and additional recruitment in support of the attestation, because these activities have already been completed by all eligible employers. DOL is further revising the collection by updating the PRA Statement in the instructions for the form, to reflect the updated burden estimates.

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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.     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: 11/30/2018

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