Agricultural Recruitment System Forms Affecting Migrant and Seasonal Farmworkers

ICR 202309-1205-004


Federal Form Document

ICR Details
Received in OIRA
Agricultural Recruitment System Forms Affecting Migrant and Seasonal Farmworkers
New collection (Request for a new OMB Control Number)   No
Regular 09/15/2023
  Requested Previously Approved
36 Months From Approved
3,408 0
2,982 0
0 0

State Workforce Agencies (SWAs) are required by Federal regulations at 20 CFR 653.500 to participate in the intrastate and interstate clearance system for the orderly recruitment and movement of agricultural workers. Regulations 653.501(a), (b), (c) and (d) enumerate the contents of these orders. As required by Federal regulations, the Employment and Training Administration (ETA) created the Agricultural Clearance Order (ETA Form 790) for the recruitment of workers beyond the local commuting area (20 CFR 653.501). In order to participate in the temporary alien agricultural worker (H-2A) program, employers are required to submit to the SWA a job order (ETA Form 790) in the area of intended employment between 60 and 75 days before the date of need for workers.

US Code: 44 USC 3501 Name of Law: The Wagner Peyser Act

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


  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 3,408 0 0 3,408 0 0
Annual Time Burden (Hours) 2,982 0 0 2,982 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Changing Regulations
The forms in the proposed collection for OMB No. 1205-0134 have all been modified from those in the current collection. Specific changes are noted below. The Form 790B is only used for employers who submit clearance orders requesting U.S. workers for temporary agricultural jobs, which are not attached to requests for foreign workers through the H-2A visa program (non-criteria clearance orders). • The revisions align information collection requirements with the Department’s proposed regulatory framework and continue the ongoing efforts to provide greater clarity to employers on regulatory requirements. • The revisions align information collection requirements with Wagner-Peyser Act regulations to strengthen protections for workers.

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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