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 117-7

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA-9142-B-CAA-5 Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	Modified	Available
Form ETA-9142-B-CAA-5 Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	Modified	Repair queued
1205-0549 Supporting Statement 062822.docx	Supporting Statement A	Uploaded 2022-06-28	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
250967	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	Modified	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
250967	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	Modified
250967	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Instruction	Modified

ICR Details

OMB Control No: 1205-0549	ICR Reference No: 202205-1205-001
Status: Historical Active	Previous ICR Reference No: 202112-1205-014
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 Consolidated Appropriations Act, 2021, Public Law 116-260, and Public Laws 117-43 and 117-7
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/25/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/05/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2025	36 Months From Approved	10/31/2022
Responses	1,226	0	1,226
Time Burden (Hours)	307	0	11,034
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection request (ICR) 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.

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Authorizing Statute(s): PL: Pub.L. 116 - 260 105 Name of Law: Consolidated Appropriations Act
   PL: Pub.L. 117 - 43 105 Name of Law: Consolidated Appropriations Act
   PL: Pub.L. 117 - 70 105 Name of Law: Consolidated Appropriations 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 4722	01/28/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 39871	07/05/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	ETA-9142-B-CAA-5	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers

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ICR Summary of Burden

table that charts list of burden

	Total Approved	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	1,226	1,226	0	0	0	0
Annual Time Burden (Hours)	307	11,034	0	-10,727	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: Miscellaneous Actions

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 10,728 hours. This burden reduction results from the fact that as of March 31, 2022, employers were no longer allowed to complete and submit the form, nor required to conduct a business harm assessment, as stipulated under the regulations. The only remaining requirement is the record keeping requirement, which DOL estimates will result in an approximate total of 306.5 burden hours. In addition, after the publication of the 60-day FRN, the Bureau of Labor Statistics updated hourly wages, which caused a change in the estimated cost associated with record keeping activities. The wage rate for recordkeeping-related activities increased from $48.40 per hour to $49.30 per hour. See more information on the table in A.12 in the Supporting Statement. .

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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? 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: 07/05/2022

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