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)

ICR 201805-1205-003

OMB: 1205-0531

Federal Form Document

ICR Details
1205-0531 201805-1205-003
Historical Active
DOL/ETA
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)
New collection (Request for a new OMB Control Number)   No
Emergency 05/29/2018
Approved without change 05/31/2018
Retrieve Notice of Action (NOA) 05/29/2018
  Inventory as of this Action Requested Previously Approved
11/30/2018 6 Months From Approved
3,076 0 0
19,225 0 0
912,003 0 0

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).
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.

PL: Pub.L. 115 - 141 205 Name of Law: Consolidated Appropriations Act, 2018
  
US Code: 8 USC 1011(a)(15)(H)(ii)(b) and 1184 Name of Law: Immigration and Nationality Act (INA)

1205-AB88 Final or interim final rulemaking 83 FR 24905 05/31/2018

No

  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 3,076 0 3,076 0 0 0
Annual Time Burden (Hours) 19,225 0 19,225 0 0 0
Annual Cost Burden (Dollars) 912,003 0 912,003 0 0 0
No
No
This is a new information collection.

$0
No
    No
    No
No
No
No
Uncollected
Walter Parker 202 693-2778 parker.walter@dol.gov

  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:
 
 
 
 
 
 
 
    (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.
05/24/2018


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