H-2A Temporary Agricultural Labor Certification Program

ICR 202309-1205-001

OMB: 1205-0466

Federal Form Document

IC Document Collections
ICR Details
1205-0466 202309-1205-001
Received in OIRA 202303-1205-002
H-2A Temporary Agricultural Labor Certification Program
Revision of a currently approved collection   No
Regular 09/15/2023
  Requested Previously Approved
36 Months From Approved 10/31/2025
527,392 467,843
120,281 102,865
0 0

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 1188(a)(1)(g)(2) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(ii)(a) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1184(c)(1) Name of Law: Immigration and Nationality Act

1205-AC12 Proposed rulemaking 88 FR 63750 09/15/2023


IC Title Form No. Form Name
H-2A Temporary Agricultural Labor Certification Program Updated Forms Form ETA-9142A – APPENDIX A, Form ETA-790A, Form ETA-9142A, Form ETA-790A - Addendum C, Form ETA-9142A – Appendix B, Form ETA-790A Addendum A, Form ETA-790, Form ETA-790A Addendum B, Form ETA-232, ETA-9142A – Appendix C, ETA 9142A - Appendix D, ETA-9142A Nature of H-2A Application ,   H-2A LABOR CONTRACTOR SURETY BOND ,   Additional Material Terms and Conditions of the Job Offer ,   Additional Place of Employment Information ,   Additional Crop or Agricultural Activities and Wage Offer Information ,   Clearance Order Information ,   Attorney or Agent Declaration ,   Job Offer Information ,   Owners-Managers Form ,   Foreign Labor Recruiter ,   TEMPORARY AGRICULTURAL LABOR CERTIFICATION ,   Domestic Agricultural In-Season Wage Report

  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 527,392 467,843 0 0 59,549 0
Annual Time Burden (Hours) 120,281 102,865 0 1 17,415 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Miscellaneous Actions
The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. Although there is an increase the total number of annual responses and hours of this ICR, there has been an increase of annual responses. The one main reason why the estimated number of annual responses and burden hours associated with this ICR have increased from the previously approved burden is the increase on the number of applications filed with OFLC to request certifications have increased. Additionally, the main reason why the estimated numbers of monetized cost of respondent time associated with this ICR have decreased from the previously approved ICR is the decrease in the hourly rate of a Human Resource employee typically filling and completing the necessary forms associated with this ICR.

Patrice Gibson 202 693-0158 [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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