H-2A Temporary Agricultural Labor Certification Program

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA 9142A - Append Foreign Labor	Form	Modified	Available
Form ETA 9142A - Append Owners-Managers Form	Form	Modified	Available
Form ETA-232 Domestic Agricultural In-Season Wage Report	Form	Modified	Available
Form ETA-790A Job Offer Information	Form	Modified	Available
Form ETA-9142A – Append Attorney or Agent Declaration	Form	Modified	Available
Form ETA-9142A General Instructions	Form and Instruction	Modified	Available
Form ETA-9142A Temporary Agricultural Labor Certification - Final Determination	Form	Modified	Available
Form ETA-790 Clearance Order Information	Form and Instruction	Modified	Available
Form ETA-790A - Addendu Additional Crop or Agricultural Activities and Wage Offer Information	Form	Modified	Available
Form ETA-790A - Addendu Additional Place of Employment Information	Form	Modified	Available
Form ETA-790A - Addendu Additional Material Terms and Conditions of the Job Offer	Form	Modified	Available
Form ETA-9142A – Append H-2A LABOR CONTRACTOR SURETY BOND	Form	Modified	Available
Form ETA-9142A Nature of H-2A Application	Form	Modified	Available
Form ETA-9142A H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Repair queued
Appendix - Burden_Breakdown.docx	Supplementary Document	Uploaded 2024-04-26	Repair queued
OMB 1205-0466 - Supporting Statement.docx	Supporting Statement A	Uploaded 2024-04-26	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Foreign Labor
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Owners-Managers Form
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Domestic Agricultural In-Season Wage Report
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Job Offer Information
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Attorney or Agent Declaration
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form and Instruction	Modified	General Instructions
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Temporary Agricultural Labor Certification - Final Determination
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form and Instruction	Modified	Clearance Order Information
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Additional Crop or Agricultural Activities and Wage Offer Information
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Additional Place of Employment Information
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Additional Material Terms and Conditions of the Job Offer
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	H-2A LABOR CONTRACTOR SURETY BOND
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified	Nature of H-2A Application
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Form	Modified
236087	H-2A Temporary Agricultural Labor Certification Program Updated Forms	Instruction	Modified

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 202404-1205-005
Status: Active	Previous ICR Reference No: 202303-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Temporary Agricultural Labor Certification Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/11/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/29/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2027	36 Months From Approved	10/31/2025
Responses	515,943	0	467,843
Time Burden (Hours)	119,952	0	102,865
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 8 USC 1188 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) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AC12	Final or interim final rulemaking	89 FR 33898	04/29/2024

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 63750	09/15/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 33898	04/29/2024
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
H-2A Temporary Agricultural Labor Certification Program Updated Forms	ETA-9142A – Appendix A, ETA-790A, ETA-232, ETA-790A - Addendum A, ETA-9142A, ETA-790A - Addendum B, ETA-790A - Addendum C, ETA-9142A – Appendix B, ETA-790, ETA-9142A, ETA-9142A, ETA 9142A - Appendix C, ETA 9142A - Appendix D	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 ,   Temporary Agricultural Labor Certification - Final Determination ,   General Instructions ,   Attorney or Agent Declaration ,   Job Offer Information ,   Domestic Agricultural In-Season Wage Report ,   Owners-Managers Form ,   Foreign Labor

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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	515,943	467,843	0	48,100	0	0
Annual Time Burden (Hours)	119,952	102,865	0	17,087	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: The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. The answer provided to A.12 provides more information regarding this burden increase. The chart below shows the changes in burden requested under this ICR, by showing the burden last approved by OMB in connection with OMB 1205-0466, and the new burden estimates resulting from the final changes of the NPRM to OMB 1205-0466, for which approval is sought through this IC for OMB 1205-0466. All estimates have been rounded up to the nearest dollar. 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. Previously, the rate of pay for a Human Resource employee was $83.59 per hour. Currently, the rate of pay is $49.30 per hour. The reduction in rate is due to the determination that an HR employee could perform these tasks instead of an HR manager, whose rate was used in previous ICRs.

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Annual Cost to Federal Government: $42,340,429

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: 04/29/2024

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