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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:
1205-0509
ICR Reference No:
201504-1205-003
Status:
Historical Inactive
Previous ICR Reference No:
201404-1205-001
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
H-2B Foreign Labor Certification Program
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
04/30/2015
OIRA Conclusion Action:
Preapproved
Conclusion Date:
04/27/2015
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/10/2015
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2015
6 Months From Approved
03/31/2016
Responses
184,442
0
38,424
Time Burden (Hours)
47,992
0
16,017
Cost Burden (Dollars)
351,800
0
19,000
Abstract:
This ICR supports Department of Labor and Department of Homeland Security regulations that contain information collections under the H-2B labor certification program.
Emergency Justfication:
This information collection is essential to the mission of DOL, and must be approved in an expedited fashion so as to continue providing the Department of Homeland Security , U.S. Citizenship and Immigration Services, with the consultation and advice required by Immigration and Nationality Act section 214(c)(1) and federal regulations at 8 CFR 214.2(h)(6). Emergency processing is necessary because regular PRA procedures outlined in 5 CFR 1320 would prevent the agency from responding to an unanticipated event, the adverse court decision in Perez v. Perez, which held that DOL does not have authority to promulgate regulations and vacated the 2008 regulations, codified at 20 CFR part 655, subpart A, under which the Department had been operating. Adhering to standard PRA time frames would leave the program with no authorizing regulation, resulting in public harm.
Authorizing Statute(s):
US Code:
8 USC 1011(a)(15)(H)(ii)(b)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1184(c)
Name of Law: Immigration and Nationality Act
PL:
Pub.L. 113 - 76 113
Name of Law: Consolidated Appropriations Act, 2014
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1205-AB76
Final or interim final rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
H-2B Employer Registration
ETA-9155
H-2B Program
ETA-9142B Appendix B, ETA-9142B, ETA-9142B
H-2B Seafood Worker Requirements-Attestation Presentation
ETA-9142B Seafood Attestation
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
184,442
38,424
0
146,018
0
0
Annual Time Burden (Hours)
47,992
16,017
0
31,975
0
0
Annual Cost Burden (Dollars)
351,800
19,000
0
332,800
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:
An additional registration process has been added through new regulations as has the requirement to translate the job order for those foreign workers who cannot speak English. These have increased the annual cost burden. The hourly burden has increased due to other new regulatory requirements.
Annual Cost to Federal Government:
$2,186,905
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:
Eugenia Ordynsky 202-693-3762 Ordynsky.Eugenia@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:
04/10/2015
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