H-2A Application for Temporary Employment Certification

Forms and Documents

Document Name	Status
Form ETA-9142A H-2A Program Form	Modified
Justification.docx Justification for No Material/Nonsubstantive Change	2018-10-23
Justification.docx Justification for No Material/Nonsubstantive Change	2018-05-11
JUSTIFICATION.docx Justification for No Material/Nonsubstantive Change	2017-10-30
Memo to OMB - justification.doc Justification for No Material/Nonsubstantive Change	2016-05-31
ETA-9144 Certification Letter.pdf Supplementary Document	2016-03-07
1205-0466 Supporting Statement_FINAL 03.03.16.doc Supporting Statement A	2016-03-07

IC Document Collections

IC ID	Document Title	Status
186978	H-2A Program Form	Modified

ICR Details

OMB Control No: 1205-0466	ICR Reference No: 201810-1205-004
Status: Historical Active	Previous ICR Reference No: 201710-1205-007
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Application for Temporary Employment Certification
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/29/2018
	Date Received in OIRA: 10/30/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2019	05/31/2019	05/31/2019
Responses	160,773	0	160,773
Time Burden (Hours)	49,194	0	49,194
Cost Burden (Dollars)	1,608,700	0	1,608,700

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Abstract: The Immigration and Nationality Act (INA) requires the Secretary of Labor to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) to perform certain skilled or unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may petition for any temporary skilled or unskilled foreign workers, it must submit a request for certification to the Secretary containing the elements prescribed by the INA and regulations.

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Authorizing Statute(s): US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1101(a)(15)(H)(ii)(a) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 80387	12/24/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 19208	03/31/2016
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
H-2A Program	ETA-9142A, ETA-9142A - Appendix A	H-2A Application for Temporary Employment Certification ,   Appendix A

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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	160,773	160,773	0	0	0	0
Annual Time Burden (Hours)	49,194	49,194	0	0	0	0
Annual Cost Burden (Dollars)	1,608,700	1,608,700	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $1,590,842

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

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Common Form ICR:  No

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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: 10/30/2018

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