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COMMENT
Time Remaining
Days
HR
Min
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OMB Control No:
1205-0509
ICR Reference No:
202602-1205-003
Status:
Received in OIRA
Previous ICR Reference No:
202204-1205-001
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
Date Submitted to OIRA:
06/25/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
07/31/2026
Responses
445,871
299,551
Time Burden (Hours)
128,851
86,586
Cost Burden (Dollars)
1,771,920
994,413
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:
91 FR 12827
03/17/2026
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 38456
06/25/2026
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
2
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
,
Final Determination:H-2B Temporary Labor Certification Approval
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
445,871
299,551
0
146,598
-278
0
Annual Time Burden (Hours)
128,851
86,586
0
42,382
-117
0
Annual Cost Burden (Dollars)
1,771,920
994,413
0
777,507
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The Department estimates an increase to the number of respondents from the prior estimate of 88,193 to a new estimate of 106,925 annual respondents based on a review of filing data. Similarly, the Department estimates an increase in the number of H-2B filings with responses increasing from 299,551 to 445,871 annually. The data reflect a 68 percent increase in H-2B program application filings since the prior Supporting Statement estimates. With the increase in application filings, the Department estimates a 59 percent increase in employers using the H-2B program to submit H-2B application filings. While the total annual cost estimates have increased, the cost increase for this Supporting Statement is based on a lower HR specialist rate, rather than the HR manager rate in the previous estimate. This is due to a decrease in the BLS cost adjustment factor used to calculate benefits and other compensation for HR managers. The HR manager rate used for the previous Supporting Statement was $83.59 and the new HR specialist rate used for this Supporting Statement is $54.43. For the HR specialist rate calculations, the benefits factor increased from a prior factor of 1.292 for an HR manager rate in the prior Supporting Statement to a factor of 1.42 for the HR specialist in this Supporting Statement. Furthermore, while Form ETA-9142B filings have increased in comparison with the estimates that were submitted in connection with past requests, the Department’s proposal to eliminate the Form ETA-9155, will remove the estimated burden associated with completion of that form. Specifically, the Department estimates that the elimination of the Form ETA-9155 and its instructions would result in an estimated decrease from the prior burden estimates of 20,810 annual responses, and given the estimated one hour to complete the Form ETA-9155, would result in a reduction in the number of hours for the total burden of 20,810 hours. The elimination of the Form ETA-9155 results in an estimated decrease of $83,713.34 to the total cost burden.
Annual Cost to Federal Government:
$12,436,566
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:
Patrice Gibson 202 693-0158 gibson.patrice.a@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:
06/25/2026
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