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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:
201103-1205-010
Status:
Historical Inactive
Previous ICR Reference No:
201102-1205-002
Agency/Subagency:
DOL/ETA
Agency Tracking No:
ETA 9141 electronic version
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:
Comment filed on proposed rule and continue
Conclusion Date:
07/30/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/18/2011
Terms of Clearance:
This collection should be resubmitted to OMB at the final rule stage.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2011
36 Months From Approved
04/30/2012
Responses
693,902
0
693,902
Time Burden (Hours)
513,010
0
513,010
Cost Burden (Dollars)
1,575,340
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. ETA 9141, used to Federalize a process formerly done differently by each State Workforce Agency, is an electronic submission.
Authorizing Statute(s):
US Code:
8 USC 1101(a)(15)(E)(iii), (H)(i)
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 1188
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
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1205-AB58
Proposed rulemaking
76 FR 15130
03/18/2011
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 9142 Appendix A.2, ETA 9142
Application for Temporary Employment Certification
,
Application for Temporary Employment Certification, Appendix A.2
,
Application for Temporary Employment Certification, Appendix A.1
H-2B Rulemaking
ETA 9142, ETA 9141, ETA 9155, ETA 9141, ETA-9142 Appendix B 1, ETA 9141 instructions, highlighted changes, ETA 9141, ETA 9142 Appendix B.1
Application for Temporary Employment Certification
,
Application for Temporary Employment Certification, Appendix B 1
,
Application for Temporary Employment, Appendix B1
,
H2B Registration
,
Application for Prevailing Wage Determination
,
Application for Prevailing Wage Determination, highlighted changes
,
Application for Prevailing Wage Determination, Instructions
,
Applicaiton for Prevailing Wage Determination, Instructions
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 are due to new rulemaking. Previously this Information Collection Request (ICR) contained the burden and cost estimates for the H-2A and H-2B rulemaking that occurred in 2008 and became effective in January of 2009. The Department created two distinct ICs within the one ICR. This new H-2B NPRM modifies the current H-2B and PERM regulations and, because the H-1B regulations refer to the section modified in this rulemaking at 20 CFR 656.40, effectively the H-1B program is also affected. However, the burden hours previously accounted for in the PERM and H-1B programs have not changed, therefore, the totals listed in the previous H-2B IC are being included so that all the burdens previously accounted for and the ones being accounted for here are included for this updated IC. The changes in the H-2B IC are due to new requirements in the proposed rule, better calculations of the information collections required, and updated data on program usage. ROCIS entries for the H-2A information collections reflect the supporting statement information, which incorporates information from the previous supporting statement. The annual cost burden change in ROCIS is now disaggregated into $162,930 as the amount for a "change due to agency estimate," and $869,135 is attributed to a "change due to agency discretion."
Annual Cost to Federal Government:
$11,151,217
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]?
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?
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:
03/18/2011