H-2B Application for Temporary Employment Certification

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form ETA-9165 Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey	Form	Removed	Available
Form ETA-9142B Seafood Attestation	Form	Modified	Available
Form ETA-9155 H-2B Registration	Form	Removed	Available
Form ETA-9142B Final Determination:H-2B Temporary Labor Certification Approval	Form	Modified	Available
Form ETA 9142B H-2B Application for Temporary Employment Certification	Form	Modified	Available
13. CTS 68375_Public Comment Zaji Zajradhara 1205-0509_Redacted.pdf	Public Comments	Uploaded 2026-03-20	Available
Supporting Statement (6.18.26).docx	Supporting Statement A	Uploaded 2026-06-22	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
232986	H-2B Employer-Provided Survey Attestation	Form	Removed	Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey
232986	H-2B Employer-Provided Survey Attestation	Instruction	Removed
211114	H-2B Seafood Worker Requirements-Attestation Presentation	Form	Modified	Seafood Attestation
211113	H-2B Employer Registration	Form	Removed	H-2B Registration
211113	H-2B Employer Registration	Instruction	Removed
204361	H-2B Program	Form	Modified	Final Determination:H-2B Temporary Labor Certification Approval
204361	H-2B Program	Form	Modified	H-2B Application for Temporary Employment Certification
204361	H-2B Program	Instruction	Modified

ICR Details

OMB Control No: 1205-0509	ICR Reference No: 202602-1205-003
Status: Received in OIRA	Previous ICR Reference No: 202204-1205-001
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2B Application for Temporary Employment Certification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/25/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2026
Responses	445,871	299,551
Time Burden (Hours)	128,851	86,586
Cost Burden (Dollars)	1,771,920	994,413

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Abstract: This ICR supports Department of Labor and Department of Homeland Security regulations that contain information collections under the H-2B labor certification program.

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Authorizing Statute(s): PL: Pub.L. 113 - 76 113 Name of Law: Consolidated Appropriations Act, 2014
   US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1011(a)(15)(H)(ii)(b) 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 12827	03/17/2026
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 38456	06/25/2026
Did the Agency receive public comments on this ICR? Yes

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

table that charts list of burden

IC Title	Form No.	Form Name
H-2B Employer Registration	ETA-9155	H-2B Registration
H-2B Employer-Provided Survey Attestation	ETA-9165	Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey
H-2B Program	ETA 9142B, ETA-9142B	H-2B Application for Temporary Employment Certification ,   Final Determination:H-2B Temporary Labor Certification Approval
H-2B Seafood Worker Requirements-Attestation Presentation	ETA-9142B	Seafood Attestation

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ICR Summary of Burden

table that charts list 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	445,871	299,551	0	146,598	-278	0
Annual Time Burden (Hours)	128,851	86,586	0	42,382	-117	0
Annual Cost Burden (Dollars)	1,771,920	994,413	0	777,507	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The Department estimates an increase to the number of respondents from the prior estimate of 88,193 to a new estimate of 106,925 annual respondents based on a review of filing data. Similarly, the Department estimates an increase in the number of H-2B filings with responses increasing from 299,551 to 445,871 annually. The data reflect a 68 percent increase in H-2B program application filings since the prior Supporting Statement estimates. With the increase in application filings, the Department estimates a 59 percent increase in employers using the H-2B program to submit H-2B application filings. While the total annual cost estimates have increased, the cost increase for this Supporting Statement is based on a lower HR specialist rate, rather than the HR manager rate in the previous estimate. This is due to a decrease in the BLS cost adjustment factor used to calculate benefits and other compensation for HR managers. The HR manager rate used for the previous Supporting Statement was $83.59 and the new HR specialist rate used for this Supporting Statement is $54.43. For the HR specialist rate calculations, the benefits factor increased from a prior factor of 1.292 for an HR manager rate in the prior Supporting Statement to a factor of 1.42 for the HR specialist in this Supporting Statement. Furthermore, while Form ETA-9142B filings have increased in comparison with the estimates that were submitted in connection with past requests, the Department’s proposal to eliminate the Form ETA-9155, will remove the estimated burden associated with completion of that form. Specifically, the Department estimates that the elimination of the Form ETA-9155 and its instructions would result in an estimated decrease from the prior burden estimates of 20,810 annual responses, and given the estimated one hour to complete the Form ETA-9155, would result in a reduction in the number of hours for the total burden of 20,810 hours. The elimination of the Form ETA-9155 results in an estimated decrease of $83,713.34 to the total cost burden.

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Annual Cost to Federal Government: $12,436,566

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: 06/25/2026

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