This information
collection is associated with a temporary final rule, which will
expire. This information collection is only approved for the time
period during which the rule is in effect.
Inventory as of this Action
Requested
Previously Approved
11/30/2020
6 Months From Approved
10,000
0
0
1,670
0
0
37,500
0
0
As of the effective date of the H-2B
COVID-19 rule, employers who submitted or are submitting Form
I-129, Petition for a Nonimmigrant Worker, to request an extension
of stay with a change of employer and/or an H-2B extension of stay
beyond the 3 year maximum pursuant to 8 CFR 214.2(h)(23), will be
able to submit Form ATT-H2B to affirm that the workers named in the
petition will be performing work that is essential to the U.S. food
supply chain as required by 8 CFR 214.2(h)(23)(i). Receipt of the
form by USCIS triggers the flexibilities under the rule because the
H-2B worker will perform services or labor essential to the U.S.
food supply chain.
In order to urgently
address the needs of employers and U.S. agents for a legal
workforce to provide services or labor essential to the U.S. food
supply chain, USCIS is seeking emergency processing under 5 CFR
1320.13 of the new Attestation for Employers Seeking to Employ H-2B
Nonimmigrant Workers Essential to the U.S. Food Supply Chain. This
Attestation, signed under penalty of perjury under the laws of the
United States of America, is required evidence under the H-2B
COVID-19 rule and is being submitted by H-2B petitioners to
demonstrate that the petitioner and H-2B worker qualify for the
flexibilities under the rule because the H-2B worker will perform
services or labor essential to the U.S. food supply chain.
Therefore, the receipt of the Attestation triggers those
flexibilities both for petitioners submitting the Attestation with
their I-129 petitions on or after the effective date of the
temporary final rule, and for those whose I-129 petitions were
filed on or after March 1, 2020, and are pending on or after the
effective date of the temporary final rule, and who submit the
Attestation thereafter. The Attestation is a separate document from
the Form I-129, and its use will only be authorized during the
effective period of the H-2B COVID-19 rule, i.e. 120 days after the
date of publication of the H-2B COVID-19 rule in the Federal
Register. Instructions regarding when and under what circumstances
the Attestation must be submitted are included on the Attestation
itself and USCIS is not modifying the I-129 form or instructions as
a result of the changes made by the temporary final rule.
Therefore, this Attestation would receive a new OMB control number
and would not be captured within OMB Control number 1615-0009,
which covers the Form I-129, Petition for a Nonimmigrant Worker.
The H-2B COVID-19 rule, which requires the submission of the
Attestation, does not have a delayed effective date that would
allow USCIS to complete the Paperwork Reduction Act (PRA) form
revision process before accepting attestations from employers
seeking to hire H-2B workers essential to the U.S. food supply
chain. The provisions of the H-2B COVID-19 rule will be effective
immediately. In addition, the H-2B COVID-19 rule will allow
employers with pending H-2B petitions as of the effective date of
this rule to also take advantage of the flexibilities by submitting
the attestation to USCIS.
As of the effective date of the
H-2B COVID-19 rule, employers who submitted or are submitting Form
I-129, Petition for a Nonimmigrant Worker, to request an extension
of stay with a change of employer and/or an H-2B extension of stay
beyond the 3 year maximum pursuant to 8 CFR 214.2(h)(23), will be
able to submit Form ATT-H2B to affirm that the workers named in the
petition will be performing work that is essential to the U.S. food
supply chain as required by 8 CFR 214.2(h)(23)(i). Receipt of the
form by USCIS triggers the flexibilities under the rule because the
H-2B worker will perform services or labor essential to the U.S.
food supply chain. USCIS is reporting an estimated annual time
burden to respondents of 1,670 hours as a result of this new
information collection. USCIS is reporting an estimated cost burden
to respondents of $37,500 as a result of this new information
collection.
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:
(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;
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.
Form Form ATT-H2B Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Essential to the U.S. Food Supply Chain
SIGNED H-2B COVID TFR - Attestation IC - PRA Emergency Memo - Final Dated.pdf
Form ATT-H2B-Supporting Statement.docx
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Essential to the U.S. Food Supply Chain