ATTESTATION FOR EMPLOYERS SEEKING TO EMPLOY H-2B NONIMMIGRANT WORKERS UNDER SECTION 105 OF DIVISION G, TITLE I OF THE FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2024, PUBLIC LAW 118-47, AS EXTENDED.

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA-9142-B-CAA-9 Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	New	Available
1205-0NEW Form ETA 9142-B-CAA-9 Supporting Statement_clean_11.19.24.docx	Supporting Statement A	Uploaded 2024-11-19	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
272325	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Form	New	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
272325	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers	Instruction	New

ICR Details

OMB Control No: 1205-0563	ICR Reference No: 202411-1205-004
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: ATTESTATION FOR EMPLOYERS SEEKING TO EMPLOY H-2B NONIMMIGRANT WORKERS UNDER SECTION 105 OF DIVISION G, TITLE I OF THE FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2024, PUBLIC LAW 118-47, AS EXTENDED.
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/02/2024
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/02/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/27/2024
Terms of Clearance: Approved for 5 months under emergency processing, through April 2025. DOL is satisfying the PRA's 60-day public comment period by requesting comments within the published temporary final rule (RIN 1205-AB93) for 60 days. No later than 45 days before this emergency approval expires (i.e., on or before March 16, 2025), DOL will publish a Federal Register notice seeking comment for 30 days on the new collection.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2025	6 Months From Approved
Responses	26,065	0	0
Time Burden (Hours)	32,581	0	0
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 2025 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). The regulatory requirements will be codified at 8 CFR part 214 and 20 CFR part 655. The ICR includes a new form, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers under Section 105 of Division G, Title I of the Further Consolidated Appropriations Act, 2024, Public Law 118-47 (FY 2024 Omnibus), as extended by section 101(6) and 106 of Division A, Title I of the Continuing Appropriations and Extensions Act, 2025 Public Law 118-83, Form ETA-9142-B-CAA-9 (Form ETA-9142-B-CAA-9).

Emergency Justfication: ETA is requesting emergency clearance of an information collection request (ICR) that supports the Temporary Final Rule (TFR), Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2025 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 (Department) and DHS (collectively, the Departments). The regulatory requirements will be codified at 8 CFR part 214 and 20 CFR part 655. The ICR includes a new form, Form ETA-9142B-CAA-9.

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Authorizing Statute(s): PL: Pub.L. 118 - 83 105 Name of Law: CONTINUING APPROPRIATIONS AND EXTENSIONS ACT
   PL: Pub.L. 118 - 47 101(6) Name of Law: FY 2024 Omnibus
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB93	Final or interim final rulemaking	89 FR 95626	12/02/2024

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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: 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-9	Attestation for Employers Seeking to Employ H-2B 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	26,065	0	0	26,065	0	0
Annual Time Burden (Hours)	32,581	0	0	32,581	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: This is a new information collection.

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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: 11/27/2024

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