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.
table that charts list comparision
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