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:
201207-1205-009
Status:
Historical Active
Previous ICR Reference No:
201204-1205-007
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
H-2A Foreign Labor Certification Program
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
03/05/2013
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/31/2012
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2016
36 Months From Approved
03/31/2013
Responses
148,217
0
1,104,747
Time Burden (Hours)
44,174
0
468,902
Cost Burden (Dollars)
1,529,370
0
1,752,700
Abstract:
The H-2A program enables employers to bring nonimmigrant foreign workers to the U.S. to perform agricultural work of a temporary or seasonal nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). On April 8, 2012, OMB approved changes to this Information Collection Request (ICR) in conjunction with recent rulemaking resulting in a final rule published on February 21, 2012 (the 2012 H-2B Final Rule). 77 FR 10038. All comments, documents, and forms related to the ICR approved in conjunction with the 2012 H-2B Final Rule can be found on http://www.reginfo.gov. However, a lawsuit was brought in Federal court in the Northern District of Florida, Pensacola Division, against the Department and an order was issued on April 26, 2012 by the court enjoining the Department from implementing the 2012 H-2B Final Rule. (Bayou Lawn & Landscape Services, et al. v. Hilda L. Solis, et al., 12-cv-00183-RV-CJK.) The Department received emergency approval to revert back to the old forms from OMB on April 27, 2012, and the ICR now expires on October 31, 2012. The Department sought notice and comment on the further extension of the appropriate forms. The revised 1205-0466 from this submission will contain forms and most regulatory information collection requirements applicable to the H-2A program. The ETA Form 9142 and Appendix A.2 (now to be referred to only as Appendix A) will be known as the ETA Form 9142A, H-2A Application for Temporary Employment Certification and Appendix A. A new will contain forms and most regulatory information collection requirements applicable to the H-2B program. The ETA Form 9142 and Appendix B.1 (now to be referred to only as Appendix B) will be known as the ETA Form 9142B, H-2B Application for Temporary Employment Certification and Appendix B. The ETA Form 9141, Application for Prevailing Wage Determination, which is applicable to the H-2B, H-1B, H-1B1, E-3, and PERM programs, will go into its own ICR.
Authorizing Statute(s):
US Code:
8 USC 1101(a)(15)(H)(ii)(a)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1188
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
77 FR 49025
08/15/2012
30-day Notice:
Federal Register Citation:
Citation Date:
77 FR 65715
10/30/2012
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
H-2A Program
ETA-9142A, ETA-9142A - Appendix A, ETA-9142A
H-2A Application for Temporary Employment Certification
,
Appendix A
,
H-2A Application for Temporary Employment Certification
H-2B Rulemaking
ETA Form 9141, ETA Form 9142, ETA Form 9142 - Appendix B.1
Application for Prevailing Wage Determination
,
Application for Temporary Employment Certification
,
Application for Temporary Employment Certification - Appendix B.1
ICR Summary 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
148,217
1,104,747
0
-951,526
-5,004
0
Annual Time Burden (Hours)
44,174
468,902
0
-420,310
-4,418
0
Annual Cost Burden (Dollars)
1,529,370
1,752,700
0
0
-223,330
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:
This ICR requests a change of 956,891 responses (from 1,104,747 to 147,856) and 424,818 burden hours (from 468,902 to 44,084). The burden costs are slightly lower because the number of H-2A workers has decreased. The ICR requests a change of $75,900 (from $1,605,270 to $1,529,370). The changes reflected in this ICR are attributed to the separation of this ICR into three distinct ICRs, specifically 1205-0466 (for H-2A ICs); 1205-NEW1 (for H-2B ICs); and 1205-NEW2 (for prevailing wage determination ICs). The Department has updated the burden entries in ROCIS for this ICR to contain only the burdens for the H-2A information collections contained in this Supporting Statement.
Annual Cost to Federal Government:
$1,544,377
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:
10/31/2012
An official website of the United States government
The .gov means it's official.
The site is secure.
