This information collection request
supports the Exercise of Time-Limited Authority to Increase the
Fiscal Year 2017 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
543 of the Consolidated Appropriations Act, 2017 (Form
ETA-9142-B-CAA).
Clearance for this ICR
is sought using PRA emergency procedures outlined in regulations at
5 CFR 1320.13. The President signed the Consolidated Appropriations
Act, 2017 on May 5, 2017. Section 543 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 2017 by up to 15,000 additional visas
for American businesses that are likely to suffer irreparable harm
(that is, 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 2017. The exigency created by Consolidated
Appropriations Act, 2017 section 543 to meet the high demand by
American businesses for H-2B workers and the short period of time
remaining in the fiscal year for U.S. employers to avoid the
economic harms this legislation was intended to prevent requires
initial clearance using expedited processes. The Department will
subsequently seek public comment to revise and extend the
information collection, as appropriate, using traditional
processes.
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:
(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;
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.