Agricultural Recruitment System Forms Affecting Migrant and Seasonal Farmworkers

Forms and Documents

Document Name	Status
Form ETA 790B Agricultural Clearance Order Form 790B (SWA Employee) Form	New
Form ETA 790B Agricultural Clearance Order Form 790B (Employers) Form	New
Form ETA 790 Agricultural Clearance Order Form 790 (SWA Employee) Form	New
Form ETA 790 Agricultural Clearance Order Form 790 (Employer) Form	New
1205-0134 Supporting Statement 091323.docx Supporting Statement A	2023-09-13

IC Document Collections

IC ID	Document Title	Status
262141	Agricultural Clearance Order Form 790B (SWA Employee) Form	New
262140	Agricultural Clearance Order Form 790B (Employers) Form	New
262139	Agricultural Clearance Order Form 790 (SWA Employee) Form	New
262138	Agricultural Clearance Order Form 790 (Employer) Form	New

ICR Details

OMB Control No:	ICR Reference No: 202309-1205-004
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Agricultural Recruitment System Forms Affecting Migrant and Seasonal Farmworkers
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/15/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	3,408	0
Time Burden (Hours)	2,982	0
Cost Burden (Dollars)	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 44 USC 3501 Name of Law: The Wagner Peyser Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AC12	Proposed rulemaking	88 FR 63750	09/15/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Agricultural Clearance Order Form 790 (Employer)	ETA 790	Agricultural Clearance Order
Agricultural Clearance Order Form 790 (SWA Employee)	ETA 790	Agricultural Clearance Order
Agricultural Clearance Order Form 790B (Employers)	ETA 790B	Agricultural Clearance Order
Agricultural Clearance Order Form 790B (SWA Employee)	ETA 790B	Agricultural Clearance Order

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ICR Summary of Burden

	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

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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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: 09/15/2023

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