Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1205-0466
ICR Reference No:
200908-1205-004
Status:
Historical Inactive
Previous ICR Reference No:
200812-1205-002
Agency/Subagency:
DOL/ETA
Agency Tracking No:
H-2A 2009 NPRM Submission
Title:
Foreign Labor Certification Instruments
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Preapproved
Conclusion Date:
11/17/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/25/2009
Terms of Clearance:
These form modifications may be used only when the associated regulations become effective.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2012
36 Months From Approved
11/30/2011
Responses
724,143
0
693,902
Time Burden (Hours)
525,658
0
513,010
Cost Burden (Dollars)
2,607,405
0
1,575,340
Abstract:
The application forms and other information requirements are necessary to the collection of information from U.S. employers wishing to hire foreign workers for temporary and permanent employment under the H-2A, H-2B, H-1b (including H-1B1 and E3), H-1C, and PERM programs. The information collected is used by the Secretary of Labor to make the necessary certification in compliance with the Immigration and Nationality Act as amended. The new collection is needed because two new rules have significantly changed the method of obtaining the certifications from the Secretary and the current collection instruments, some of which are over 30 years old, do not suffice. One of the forms will be used to Federalize a process that is currently done differently by each State Workforce Agency.
Authorizing Statute(s):
US Code:
8 USC 1188
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1153(b)(3)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1182(a)(5)(A), (m), (n), (t)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1184 (c)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1101(a)(15)(E)(iii), (H)(i)
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1205-AB55
Proposed rulemaking
74 FR 45509
09/14/2009
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
H-2A Rulemaking
ETA 9142 - Appendix A.1, ETA Form 9142, ETA Form 9142 Appendix A.2, ETA-9142, ETA 9142 - Appendix A.2
Application for Temporary Employment Certification
,
Appendix A.1
,
Appendix A.2
,
2009 Appendix A.2
,
2009 Application for Temporary Employment Certification
H-2B Rulemaking
ETA 9142 - Appendix B.1, ETA 9141, ETA 9142
Application for Temporary Employment Certification
,
Appendix B.1
,
Application for Prevailing Wage Determination
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
724,143
693,902
0
30,241
0
0
Annual Time Burden (Hours)
525,658
513,010
0
12,648
0
0
Annual Cost Burden (Dollars)
2,607,405
1,575,340
0
1,032,065
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The changes in burden are due to the new 2009 proposed rulemaking, which changes various requirements for submission. It is also due to accounting for some information collections that were not accounted for before or accounted for in 1205-0404, which the Department plans to eliminate.
Annual Cost to Federal Government:
$10,106,191
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Bonnie Naradzay 202-693-3675 Naradzay.Bonnie@dol.gov
Common Form ICR:
No
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:
08/25/2009
An official website of the United States government
The .gov means it's official.
The site is secure.
