H-2B Application for Temporary Employment Certification

Forms and Documents

Document Name	Status
Form ETA-9142B H-2B Seafood Worker Requirements-Attestation Presentation Form	Modified
1205-0509 Supporting Statement Appendix A 1205-0509 clean 04.20.22.docx Supplementary Document	2022-05-16
1205-0509 Supporting Statement 05.12.22.docx Supporting Statement A	2022-05-16

IC Document Collections

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

ICR Details

OMB Control No: 1205-0509	ICR Reference No: 202204-1205-001
Status: Received in OIRA	Previous ICR Reference No: 201812-1205-002
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	Date Submitted to OIRA: 05/23/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2022
Responses	299,551	237,167
Time Burden (Hours)	86,586	64,703
Cost Burden (Dollars)	994,413	1,227,525

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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:
	87 FR 1787	01/12/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 31259	05/23/2022
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 Employer-Provided Survey Attestation	ETA-9165	Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey
H-2B Program	ETA 9142B	H-2B Application for Temporary Employment Certification
H-2B Seafood Worker Requirements-Attestation Presentation	ETA-9142B	Seafood Attestation

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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	299,551	237,167	0	62,384	0	0
Annual Time Burden (Hours)	86,586	64,703	0	21,883	0	0
Annual Cost Burden (Dollars)	994,413	1,227,525	0	-233,112	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: The Department proposes modifications to the Form ETA-9142B collection to collect better data for cap-subject and cap-exempt application designations. The data requested on the application should be readily accessible as it is based on the total number of workers entered on the application. Also on the form, the Department proposes to collect an overtime range, in lieu of a single wage for overtime, and expansion of the form section for disclosure of any additional wage details. In terms of Appendix D, the Department proposes to modify the Appendix D collection for completion of the appendix by any joint employer, not just joint employers that function as job contractors. The proposed change to Appendix D affects who completes the form but does not affect the time burden for completion of the form. The Department currently anticipates that the proposed changes to the Form ETA-9142B and Form ETA-9142B, Appendix D, will not have a significant impact on the time burden for completion of each of those forms; however, the Department welcomes comments regarding the estimated burden hours. Under this ICR, the Department estimates the total burden for the ICR and its components to be 3.75 hours.

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Annual Cost to Federal Government: $14,593,731

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? No

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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: 05/23/2022

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