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 201811-1205-003

OMB: 1205-0531

Federal Form Document

ICR Details
1205-0531 201811-1205-003
Active 201805-1205-003
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)
Revision of a currently approved collection   No
Regular
Approved with change 06/07/2019
Retrieve Notice of Action (NOA) 11/30/2018
Minor adjustments to burden estimates in the supporting statement.
  Inventory as of this Action Requested Previously Approved
01/31/2021 36 Months From Approved 06/30/2019
5,177 0 3,076
5,177 0 19,225
1,534,929 0 912,003

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).

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)

Not associated with rulemaking

  83 FR 44305 08/30/2018
83 FR 61682 11/30/2018
Yes

  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 5,177 3,076 0 2,101 0 0
Annual Time Burden (Hours) 5,177 19,225 0 -14,048 0 0
Annual Cost Burden (Dollars) 1,534,929 912,003 0 622,926 0 0
No
Yes
Miscellaneous Actions
DOL is revising this information collection. The previously reported burden estimate has changed due to an increase on the estimated number of respondents (from 3,076 respondents to 5,177 respondents). The total estimated time burden hours, however, have been considerably decreased, because the requirements to complete and submit the attestation to DHS/USCIS, conduct additional recruitment, and conduct the business harm assessment have already been completed. As a result, DOL projects a decrease of the total annual burden for this collection of the previously approved 19,225 burden hours to 5,177 burden hours. DOL is proposing to revise this information collection to eliminate the burden associated with preparing and submitting the attestation to DHS/USCIS, as USCIS is no longer accepting these forms in connection with the petitions employers filed as a result of the temporary final rule that went into effect on May 31, 2018. DOL is also proposing to eliminate the requirement of conducting a business harm analysis and additional recruitment in support of the attestation, because these activities have already been completed by all eligible employers. DOL is further revising the collection by updating the PRA Statement in the instructions for the form, to reflect the updated burden estimates.

$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.
11/30/2018


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