View Information Collection Request (ICR) Package

OMB Control No: 1205-0531	ICR Reference No: 201805-1205-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 05/29/2018
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/31/2018
	Date Received in OIRA: 05/29/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2018	6 Months From Approved
Responses	3,076	0	0
Time Burden (Hours)	19,225	0	0
Cost Burden (Dollars)	912,003	0	0

Abstract: This information collection request supports the Exercise of Time-Limited Authority to Increase the Fiscal Year 2018 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program final rule being promulgated by the Department of Labor (DOL or Department) and the Department of Homeland Security (DHS). The regulatory requirements would be codified at 8 CFR part 214 and 20 CFR part 655. The Information Collection Request (ICR) includes a new form, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018) (Form ETA-9142-B-CAA-2).

Emergency Justfication: Clearance for this ICR is sought using PRA emergency procedures outlined in regulations at 5 CFR 1320.13. President Donald J. Trump signed Public Law 115-141 on March 23, 2018. Section 205 authorizes the Secretary of Homeland Security, in consultation with the Secretary of Labor, to increase the number of H-2B visas available to U.S. employers, notwithstanding the otherwise established statutory numerical limitation. The Secretary of Homeland Security has decided to increase the H-2B cap for FY 2018 by up to 15,000 additional visas for American businesses that are likely to suffer irreparable harm—defined as permanent and severe financial loss—without the ability to employ all of the H-2B workers requested on their petition before the end of FY 2018. The exigency created by section 205 to meet the high demand from U.S. businesses for H-2B workers and the short timeframe remaining this fiscal year for DOL and DHS to take action to avoid the economic harms this legislation was intended to prevent require initial clearance using expedited processes. DOL will subsequently seek public comment to revise and extend the information collection, as appropriate, using traditional processes.

Authorizing Statute(s): PL: Pub.L. 115 - 141 205 Name of Law: Consolidated Appropriations Act, 2018

Citations for New Statutory Requirements: US Code: 8 USC 1011(a)(15)(H)(ii)(b) and 1184 Name of Law: Immigration and Nationality Act (INA)

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB88	Final or interim final rulemaking	83 FR 24905	05/31/2018

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Change Due to New Statute
Annual Number of Responses	3,076	3,076
Annual Time Burden (Hours)	19,225	19,225
Annual Cost Burden (Dollars)	912,003	912,003

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: This is a new information collection.

Annual Cost to Federal Government: $0

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? Uncollected

Agency Contact: Walter Parker 202 693-2778 parker.walter@dol.gov

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