Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division O of the Further Consolidated Appropriations Act, 2021, Public Law 116-260

Forms and Documents

Document Name	Status
1205-0547 60-day Federal Register Notice published.pdf Supplementary Document	2021-11-04
1205-0547 30-day Federal Register Notice published.pdf Supplementary Document	2021-11-04
1205-0547 Supporting Statement 102721.docx Supporting Statement A	2021-10-27

IC Document Collections

IC ID	Document Title	Status
247287	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Modified

ICR Details

OMB Control No: 1205-0547	ICR Reference No: 202109-1205-001
Status: Received in OIRA	Previous ICR Reference No: 202105-1205-005
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division O of the Further Consolidated Appropriations Act, 2021, Public Law 116-260
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/04/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2021
Responses	3,558	3,558
Time Burden (Hours)	890	32,023
Cost Burden (Dollars)	0	0

---

Abstract: Employers that sought authorization to employ H-2B workers under this time-limited authority submitted Form ETA-9142-B-CAA-4 and the I-129 petition to U.S. Citizenship and Immigration Services (USCIS) in DHS; if they made the submission to USCIS 45 or more days after the certified start date of work, as shown on its approved Application for Temporary Employment Certification, they were required to conduct additional recruitment to confirm that there were no qualified U.S. workers available for the positions. These employers were, and continue to be, required to maintain the records associated with the filing of Form ETA-9142-B-CAA-4, including those related to the additional recruitment efforts, if applicable, for three years from the date DOL certified the H-2B temporary labor certification application.

---

Authorizing Statute(s): PL: Pub.L. 116 - 260 105 of Division O Name of Law: Further Consolidated Appropriations Act, 2021
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 28198	05/25/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 60916	11/04/2021
Did the Agency receive public comments on this ICR? Yes

---

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

---

ICR Summary of Burden

	Total Request	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	3,558	3,558	0	0	0	0
Annual Time Burden (Hours)	890	32,023	0	-31,133	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: Changing Regulations

Short Statement: DOL is now reporting a reduction in the burden initially projected when the emergency request was filed. The burden hours for which emergency approval was initially sought has been reduced by 31,133 hours. This burden reduction results from the fact that as of August 13, 2021, employers are no longer allowed to complete and submit the form, nor required to conduct a business harm assessment, because the supplemental cap was reached, as announced by DHS on August 19, 2021. The only remaining requirement is the recordkeeping requirement, which DOL estimates will result in an approximate total of 890 burden hours.

---

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? Yes

---

Common Form ICR:  No

---

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: 11/04/2021

---