ATTESTATION FOR EMPLOYERS SEEKING TO EMPLOY H-2B NONIMMIGRANT WORKERS UNDER SECTION 204 OF DIVISION O OF THE CONSOLIDATED APPROPRIATIONS ACT, 2022, PUBLIC LAW 117-103, AND PUBLIC LAW 117-180

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1205-0NEW Form ETA 9142-B-CAA-7 Supporting Statement - 12.15.22.docx	Supporting Statement A	Uploaded 2022-12-15	Available
1205-0NEW Form ETA 9142-B-CAA-7 Supporting Statement - 12.15.22.docx	Supporting Statement A	Uploaded 2022-12-15	Available
1205-0NEW - ETA-9142-B-CAA-7 Memo_BP Signed.pdf	Supplementary Document	Uploaded 2022-12-15	Available
1205-0NEW - ETA-9142-B-CAA-7 Memo_BP Signed.pdf	Supplementary Document	Uploaded 2022-12-15	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
257312	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Other-Attestation	New

ICR Details

OMB Control No: 1205-0554	ICR Reference No: 202212-1205-006
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: ATTESTATION FOR EMPLOYERS SEEKING TO EMPLOY H-2B NONIMMIGRANT WORKERS UNDER SECTION 204 OF DIVISION O OF THE CONSOLIDATED APPROPRIATIONS ACT, 2022, PUBLIC LAW 117-103, AND PUBLIC LAW 117-180
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/15/2022
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/19/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/15/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	6 Months From Approved
Responses	4,312	0	0
Time Burden (Hours)	43,853	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: This information collection request (ICR) supports the Temporary Final Rule (TFR), Exercise of Time-Limited Authority to Increase the Numerical Limitation for Second Half of FY2023 for 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 (DOL or Department) and the Department of Homeland Security (DHS) (collectively, the Departments).

Emergency Justfication: 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 35,000 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.

---

Authorizing Statute(s): PL: Pub.L. 117 - 103 204 Name of Law: Consolidated Appropriations Act, 2022
   PL: Pub.L. 117 - 180 204 Name of Law: Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AC14	Final or interim final rulemaking	87 FR 76816	12/15/2022

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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

---

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	4,312	0	0	4,312	0	0
Annual Time Burden (Hours)	43,853	0	0	43,853	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: This is a new collection.

---

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: 12/15/2022

---