Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection.

Forms and Documents

Document Name	Status
Form ETA 9142A Burden Related to the H-2A Program Form	Modified
Form ETA 790B Non-Criteria (not H-2A related) Clearance Orders Form	Modified
Justification for OMB 1205-0562.docx Justification for No Material/Nonsubstantive Change	2024-09-16
Emergency Letter 091224.pdf Supplementary Document	2024-09-12
1205-0562_Supporting Statement_2.25.25.docx Supporting Statement A	2025-02-25

IC Document Collections

IC ID	Document Title	Status
270744	Burden Related to the H-2A Program Form	Modified
270739	Non-Criteria (not H-2A related) Clearance Orders Form	Modified

ICR Details

OMB Control No: 1205-0562	ICR Reference No: 202502-1205-002
Status: Received in OIRA	Previous ICR Reference No: 202409-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection.
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/28/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2025
Responses	519,211	141,472
Time Burden (Hours)	105,813	54,020
Cost Burden (Dollars)	0	0

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Abstract: This information collection request (ICR) seeks to establish a new information collection to reinstate previous versions of Forms ETA-9142A, ETA-790, ETA-790A, and ETA-790B, only to be used by the plaintiffs who were granted an injunction by the U.S. District Court for the Southern District of Georgia against the enforcement of the final rule “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Farmworker Protection Rule) in Kansas, et al. v. U.S. Department of Labor (Kansas).

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Authorizing Statute(s): US Code: 29 USC 49 Name of Law: Wagner-Peyser Act of 1933
   US Code: 8 USC 1101 Name of Law: Immigration and Nationality Act section 101(a)(15)(H)(ii)(a)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 99908	12/11/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 99908	02/28/2025
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Burden Related to the H-2A Program	ETA 9142A, ETA 9142A - Appendix A, ETA 9142A - Appendix B, ETA 9142A, ETA 232, ETA 790A - Addendum B, ETA 790A, ETA 790, ETA 790A - Addendum C, ETA 790A - Addendum A	Nature of H-2A Application ,   Attorney or Agent Declaration ,   LABOR CONTRACTOR SURETY BOND ,   TEMPORARY AGRICULTURAL LABOR CERTIFICATION ,   State Workforce Agency Prevailing Wage Survey Point of Contact ,   H-2A Agricultural Clearance Order ,   Additional Place of Employment Information ,   508 Compliant ,   Additional Crop or Agricultural Activities and Wage Offer Information ,   Agricultural Clearance Order
Non-Criteria (not H-2A related) Clearance Orders	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	519,211	141,472	0	0	377,739	0
Annual Time Burden (Hours)	105,813	54,020	0	0	51,793	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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. At the time of the last approval on September 12, 2024, only the Kansas preliminary injunction was effective and for that reason the Department only included estimates for the 17 states identified in the Kansas order. Since that time, the Barton preliminary injunction and the IFPA order were issued. As discussed above, all SWAs and employers (or employers’ authorized attorneys or agents) have been directed to prepare and submit clearance orders and H-2A applications using the forms applicable under the version of 20 CFR part 653, subpart F and part 655, subpart B in effect on June 27, 2024, the day before the effective date of the Farmworker Protection Rule, which are available through this ICR (Office of Management and Budget (OMB) Approval Number 1206-0562). Therefore, this notice includes burden estimates for all SWAs and employers using forms identified in this ICR. While this notice identifies increased estimated burden compared to the prior approval, the overall burden to SWAs and employers for processing clearance orders and H-2A applications is not materially increasing because of these changes. The reason why the estimated numbers of annual responses, burden hours, and monetized cost of respondent time associated with this ICR increased from the previously approved burden is due to the fact that the Department had more time to calculate program usage by tall program users when drafting this supporting statement than it did when drafting the supporting statement for the emergency PRA package. In the emergency estimate, the Department calculated burden by assigned burden based on a calculation of what percentage of the states and territories the 17 Kansas plaintiffs make up and assigned that percentage of total H-2A burden to those states. The Department has now been able to calculate the percentage of applications submitted with worksites in the 17 states that are Kansas plaintiffs. Over the last three full fiscal year (2022, 2023, and 2024), the Department determined that 52% of all H-2A applications filed were for worksites in the 17

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Annual Cost to Federal Government: $26,432,198

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: 02/28/2025

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