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)
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)
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).
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.