Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 303 of Division O of the Consolidated Appropriations Act and Ukraine Supplemental Appropriations Act 2023 Public Law

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA 9142-B-CAA-8 Attestation for Workers Seeking to Employ H2-B Nonimmigrant Workers	Form	Modified	Available
Form ETA 9142-B-CAA-8 Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	Modified	Repair queued
1205-0556 Supporting Statement 041023.docx	Supporting Statement A	Uploaded 2024-04-10	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
263077	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	Modified	Attestation for Workers Seeking to Employ H2-B Nonimmigrant Workers
263077	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	Modified
263077	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Instruction	Modified

ICR Details

OMB Control No: 1205-0556	ICR Reference No: 202403-1205-001
Status: Active	Previous ICR Reference No: 202310-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 303 of Division O of the Consolidated Appropriations Act and Ukraine Supplemental Appropriations Act 2023 Public Law
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/19/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/16/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2027	36 Months From Approved	09/30/2024
Responses	4,358	0	4,358
Time Burden (Hours)	32,472	0	32,469
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection request (ICR) supports the Temporary Final Rule (TFR), Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2024 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).

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Authorizing Statute(s): PL: Pub.L. 116 - 260 105 Name of Law: Consolidated Appropriations Act
   PL: Pub.L. 117 - 43 105 Name of Law: Consolidated Appropriations Act
   PL: Pub.L. 117 - 70 105 Name of Law: Consolidated Appropriations Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AC18	Final or interim final rulemaking	88 FR 80394	11/17/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 80394	11/17/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 26937	04/16/2024
Did the Agency receive public comments on this ICR? No

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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	ETA 9142-B-CAA-8	Attestation for Workers Seeking to Employ H2-B Nonimmigrant Workers

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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	4,358	4,358	0	0	0	0
Annual Time Burden (Hours)	32,472	32,469	0	3	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: There are no programmatic changes. The reduction in burden hours is to correct a calculation. ETA is standardizing the applicable benefits factor that applies for its ICs. The benefits factor is determined by using the most recent BLS Employer Costs for Employee Compensation (ECEC) by taking the total compensation for a worker population and dividing it by the wages and salary costs for a worker population. BLS provides three ECEC rates based on the worker population: (1) civilian workers; (2) private sector workers; and (3) state and local (i.e., certain public sector) workers. OFLC has determined that the private sector worker ECEC is correct, as the burdens listed in A.12 being performed by HR Specialists are almost exclusively performed by employers in the private sector. Accordingly, as it relates to this FRN, the ECEC has been adjusted in our calculations to reduce the factor from 1.45 to 1.42, resulting in slightly lower hourly wage rate for each burden activity.

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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: 04/16/2024

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