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OMB Control No: 1205-0466	ICR Reference No: 202206-1205-002
Status: Historical Active	Previous ICR Reference No: 201903-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Temporary Agricultural Labor Certification Program
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/25/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/02/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2025	36 Months From Approved	10/31/2022
Responses	458,114	0	273,537
Time Burden (Hours)	88,268	0	52,385
Cost Burden (Dollars)	3,692,705	0	2,521,940

Abstract: The Immigration and Nationality Act (INA) requires the Secretary of Labor to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) to perform certain skilled or unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may petition for any temporary skilled or unskilled foreign workers, it must submit a request for certification to the Secretary containing the elements prescribed by the INA and regulations.

Authorizing Statute(s): US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(ii)(a) 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:
	87 FR 13760	03/10/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 47230	08/02/2022
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	458,114	273,537	184,577
Annual Time Burden (Hours)	88,268	52,385	35,883
Annual Cost Burden (Dollars)	3,692,705	2,521,940	1,170,765

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 Department only proposed non-substantive changes; specifically, it notified the public that it was proposing to update e-mail, mailing, and website address information, transferring the burden statements from the form to the instructions, and similar non-substantive changes. These non-substantive changes did not impact or result in any change to the estimated burdens or costs. The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. The answer provided to A.12 provides more information regarding this burden increase. There has been an increase of total burden hours. The estimated number of annual responses, burden hours, and monetized cost of respondent time associated with this ICR have increased from previous estimates. Employer use of the H-2A program has significantly increased over the last three fiscal years. In FY 2021, the Department received approximately 16,546 employer applications requesting temporary labor certification, a 26.5 percent increase over the workload received during FY 2019. To more accurately estimate the annual burden hours under this ICR, the Department utilized a three-year average of the total number of respondents that file applications during the three precedent fiscal years (14,586, compared to the previous estimate of 8,783 respondents provided during the last renewal cycle). This increase in filings is outside the control of the Department. As a result, the Department estimates based on this increase on the number of respondents that the total annual burden hours will increase from the previously approved 273,537 annual burden hours to 458,114 annual burden hours. This shows an increment of 184,577 estimated burden hours per year for the next validity period. The total annual cost estimates have also increased. The cost increases for this Supporting Statement are based on a higher HR manager rate than the previous estimate. This is due to an increase in the BLS cost adjustment factor used to calculate benefits and other compensation for HR managers. The HR manager rate used for the 2019 information collection renewal was $84.91, the 60-day FRN the rate was $83.59, and for this Supporting Statement the rate is $85.04. For the HR manager calculations, the benefits factor decreased since the 2019 information collection renewal from a factor of 1.43, to the 60-day FRN a factor of 1.292, and currently to a factor of 1.295.

Annual Cost to Federal Government: $10,206,598

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

Agency Contact: Emily St. Onge 202 693-2605 st.onge.emily@dol.gov

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