Emergency Request Justification

U.S. Department of Labor

Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210

January 6, 2022
Sharon Block
Acting Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget
725 17th Street N.W.
Washington, DC 20503
Dear Ms. Block:
Pursuant to Office of Management and Budget (OMB) procedures established at 5 CFR Part 1320,
Controlling Paperwork Burdens on the Public, I request that the proposed information collection,
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers under Section 105 of
Division O of the Consolidated Appropriations Act, 2021, Public Law 116-260, and Public Laws
117-43 and 117-70, Form ETA-9142B-CAA-5 (1205-NEW), be processed as an Emergency
Clearance Request in accordance with section 1320.13, Emergency Processing.
I have determined that this information must be collected prior to the time periods established
under Part 1320 of the Paperwork Reduction Act (PRA) and that this information is essential to
the mission of the Employment and Training Administration’s (ETA) Office of Foreign Labor
Certification to administer the labor certification process for the H-2B program, as well as the
Department of Homeland Security’s (DHS) responsibilities in connection with the same program.
Specifically, ETA is requesting emergency clearance of an information collection request (ICR)
that supports the Temporary Final Rule (TFR), Exercise of Time-Limited Authority to Increase
the Fiscal Year 2022 Numerical Limitation for the H-2B Temporary Nonagricultural Worker
Program and Portability Flexibility for H-2B Workers Seeking to Change Employers, which is
being promulgated by the Department of Labor (Department) and DHS (collectively, the
Departments). The regulatory requirements will be codified at 8 CFR part 214 and 20 CFR part
655. The ICR includes a new form, Form ETA-9142B-CAA-5.
ETA cannot reasonably comply with the normal clearance procedures under the PRA because the
current efforts to recover, economically, from COVID-19 and to ensure there is a robust
availability of workers required that DOL and DHS release an additional 20,000 slots for H-2B
workers. To meet the current demand, within the statutory timeframe for such slots to be released,
the rule in question will become effective upon publication in the Federal Register and the forms
must be in place in time for employers to be able to utilize these additional workers. Without the
approval of this form in a manner that foregoes prior notice and comment, public harm is likely to
occur and the agencies may not be able to release any additional slots under the H-2B program in
time for them to be useful in aiding our economic recovery. The Departments anticipate
publication will take place no later than January 14, 2022. The Form ETA-9142B-CAA-5, as well
as its instructions, must be made immediately available to all employers that will be seeking to
benefit from the 20,000 supplemental H-2B visas that the rule announces, through the procedures

established under the soon-to-be enacted regulations and in compliance with the above-mentioned
Congressional mandate.
Therefore, ETA requests a 180-day emergency clearance to establish the Attestation for Employers
Seeking to Employ H-2B Nonimmigrant Workers under Section 105 of Division O of the
Consolidated Appropriations Act, 2021, Public Law 116-260, and Public Laws 117-43 and 11770, Form ETA-9142B-CAA-5.
Please provide an approval/disapproval determination of this request to collect information under
an emergency clearance no later than January 14, 2022.
Respectfully,

Angela Hanks
Acting Assistant Secretary
Employment and Training Administration

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