H-2B Application for Temporary Employment Certification

Forms and Documents

Document Name	Status
Form ETA-9165 H-2B Employer-Provided Survey Attestation Form	Modified
Form ETA-9142B Seafood H-2B Seafood Worker Requirements-Attestation Presentation Form	Modified
Form ETA-9155 H-2B Employer Registration Form	Modified
Form ETA-9142B H-2B Program Form	Modified
Appendix B to H-2B Supporting Statement 03.29.19 - Public Comments.docx Supplementary Document	2019-04-08
1205-0509 H-2B Summary of Public Comments and Responses to 60-day FRN pdf.pdf Supplementary Document	2019-01-25
Justification.doc Justification for No Material/Nonsubstantive Change	2018-10-23
Appropriation Act Riders.pdf Supplementary Document	2015-12-24
H-2B Supporting Statement 04.08.19.doc Supporting Statement A	2019-04-08

IC Document Collections

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

ICR Details

OMB Control No: 1205-0509	ICR Reference No: 201812-1205-002
Status: Active	Previous ICR Reference No: 201805-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2B Application for Temporary Employment Certification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/17/2019
	Date Received in OIRA: 01/31/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2022	36 Months From Approved	05/31/2019
Responses	237,167	0	180,463
Time Burden (Hours)	64,703	0	48,916
Cost Burden (Dollars)	1,227,525	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): PL: Pub.L. 113 - 76 113 Name of Law: Consolidated Appropriations Act, 2014
   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
  

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:
	83 FR 45469	09/07/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 798	01/31/2019
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	237,167	180,463	0	56,704	0	0
Annual Time Burden (Hours)	64,703	48,916	0	15,787	0	0
Annual Cost Burden (Dollars)	1,227,525	351,800	0	875,725	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: Under this consolidated ICR, OMB Control 1205-0509, the Department estimates the total burden for the ICR and its components to be 3 hours and 45 minutes. This estimated burden for the consolidated ICR includes the burden previously under OMB Control Number 1205-0516. The changes in burden include changes to the Form ETA-9142B, Application for Temporary Employment Certification to improve the collection and reduce duplicative information and changes to the Form ETA-9142B Appendix B, Employer Assurances and Obligations to clarify employer assurances and obligations as a condition of receiving temporary labor certification. Also included are the addition of the following Form ETA-9142B appendices to standardize the collection of existing H-2B collection requirements: Appendix A: Additional Place(s) of Employment and Wage Information, which will require employers to disclose on a single application multiple worksites and wage offers within an area of intended employment; Appendix C: Foreign Labor Recruiter Information, which will require employers to identify the name(s) and location(s) of all persons or agents involved in recruiting H-2B workers for the applicable job opportunity; and Appendix D: Job Contractor: Employer-Client Information, which will require employers operating as job contractors to disclose the name and contact information of their employer-client(s). While OMB approval under the PRA is not required, the Department notes its intention to eliminate the issuance of “paper-based” labor certification documents by creating a single-page Form ETA-9142B, Final Determination: H-2B Temporary Labor Certification Approval that will be issued to employers via electronic mail. The Department will issue this document to employers granted temporary labor certification under the H-2B program.

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Annual Cost to Federal Government: $16,332,591

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: 01/31/2019

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