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
⚠️ Notice: This information collection may be outdated. More recent filings for OMB 1205-0531 can be found here:
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)
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.
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.