H-2A Temporary Agricultural Labor Certification Program

ICR 202206-1205-002

OMB: 1205-0466

Federal Form Document

ICR Details
1205-0466 202206-1205-002
Received in OIRA 201903-1205-002
H-2A Temporary Agricultural Labor Certification Program
Extension without change of a currently approved collection   No
Regular 08/02/2022
  Requested Previously Approved
36 Months From Approved 08/31/2022
458,114 273,537
88,268 52,385
3,692,705 2,521,940

The Immigration and Nationality Act (INA) requires the Secretary of Labor to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) to perform certain skilled or unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may petition for any temporary skilled or unskilled foreign workers, it must submit a request for certification to the Secretary containing the elements prescribed by the INA and regulations.

US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(ii)(a) Name of Law: Immigration and Nationality Act

Not associated with rulemaking

  87 FR 13760 03/10/2022
87 FR 47230 08/02/2022

  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 458,114 273,537 0 0 184,577 0
Annual Time Burden (Hours) 88,268 52,385 0 0 35,883 0
Annual Cost Burden (Dollars) 3,692,705 2,521,940 0 0 1,170,765 0
The Department only proposed non-substantive changes; specifically, it notified the public that it was proposing to update e-mail, mailing, and website address information, transferring the burden statements from the form to the instructions, and similar non-substantive changes. These non-substantive changes did not impact or result in any change to the estimated burdens or costs. The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. The answer provided to A.12 provides more information regarding this burden increase. There has been an increase of total burden hours. The estimated number of annual responses, burden hours, and monetized cost of respondent time associated with this ICR have increased from previous estimates. Employer use of the H-2A program has significantly increased over the last three fiscal years. In FY 2021, the Department received approximately 16,546 employer applications requesting temporary labor certification, a 26.5 percent increase over the workload received during FY 2019. To more accurately estimate the annual burden hours under this ICR, the Department utilized a three-year average of the total number of respondents that file applications during the three precedent fiscal years (14,586, compared to the previous estimate of 8,783 respondents provided during the last renewal cycle). This increase in filings is outside the control of the Department. As a result, the Department estimates based on this increase on the number of respondents that the total annual burden hours will increase from the previously approved 273,537 annual burden hours to 458,114 annual burden hours. This shows an increment of 184,577 estimated burden hours per year for the next validity period. The total annual cost estimates have also increased. The cost increases for this Supporting Statement are based on a higher HR manager rate than the previous estimate. This is due to an increase in the BLS cost adjustment factor used to calculate benefits and other compensation for HR managers. The HR manager rate used for the 2019 information collection renewal was $84.91, the 60-day FRN the rate was $83.59, and for this Supporting Statement the rate is $85.04. For the HR manager calculations, the benefits factor decreased since the 2019 information collection renewal from a factor of 1.43, to the 60-day FRN a factor of 1.292, and currently to a factor of 1.295.

Emily St. Onge 202 693-2605 [email protected]


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.

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