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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:
201812-1205-002
Status:
Historical Active
Previous ICR Reference No:
201805-1205-002
Agency/Subagency:
DOL/ETA
Agency Tracking No:
Title:
H-2B Application for Temporary Employment Certification
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/17/2019
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/31/2019
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2022
36 Months From Approved
05/31/2019
Responses
237,167
0
180,463
Time Burden (Hours)
64,703
0
48,916
Cost Burden (Dollars)
1,227,525
0
351,800
Abstract:
This ICR supports Department of Labor and Department of Homeland Security regulations that contain information collections under the H-2B labor certification program.
Authorizing Statute(s):
PL:
Pub.L. 113 - 76 113
Name of Law: Consolidated Appropriations Act, 2014
US Code:
8 USC 1184(c)
Name of Law: Immigration and Nationality Act
US Code:
8 USC 1011(a)(15)(H)(ii)(b)
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:
83 FR 45469
09/07/2018
30-day Notice:
Federal Register Citation:
Citation Date:
84 FR 798
01/31/2019
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
H-2B Employer Registration
ETA-9155
H-2B Registration
H-2B Employer-Provided Survey Attestation
ETA-9165
Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey
H-2B Program
ETA-9142B, ETA-9142B
H-2B Application for Temporary Employment Certification
,
H-2B Application for Temporary Employment Certification
H-2B Seafood Worker Requirements-Attestation Presentation
ETA-9142B Seafood Attestation
H-2B Seafood Attestation
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
237,167
180,463
0
56,704
0
0
Annual Time Burden (Hours)
64,703
48,916
0
15,787
0
0
Annual Cost Burden (Dollars)
1,227,525
351,800
0
875,725
0
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:
No
Burden Reduction Due to:
Short Statement:
Under this consolidated ICR, OMB Control 1205-0509, the Department estimates the total burden for the ICR and its components to be 3 hours and 45 minutes. This estimated burden for the consolidated ICR includes the burden previously under OMB Control Number 1205-0516. The changes in burden include changes to the Form ETA-9142B, Application for Temporary Employment Certification to improve the collection and reduce duplicative information and changes to the Form ETA-9142B Appendix B, Employer Assurances and Obligations to clarify employer assurances and obligations as a condition of receiving temporary labor certification. Also included are the addition of the following Form ETA-9142B appendices to standardize the collection of existing H-2B collection requirements: Appendix A: Additional Place(s) of Employment and Wage Information, which will require employers to disclose on a single application multiple worksites and wage offers within an area of intended employment; Appendix C: Foreign Labor Recruiter Information, which will require employers to identify the name(s) and location(s) of all persons or agents involved in recruiting H-2B workers for the applicable job opportunity; and Appendix D: Job Contractor: Employer-Client Information, which will require employers operating as job contractors to disclose the name and contact information of their employer-client(s). While OMB approval under the PRA is not required, the Department notes its intention to eliminate the issuance of “paper-based” labor certification documents by creating a single-page Form ETA-9142B, Final Determination: H-2B Temporary Labor Certification Approval that will be issued to employers via electronic mail. The Department will issue this document to employers granted temporary labor certification under the H-2B program.
Annual Cost to Federal Government:
$16,332,591
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
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:
01/31/2019
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