Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers

Forms and Documents

Document Name	Status
Form Form ETA9142-B-CAA Form ETA-9142-B-CAA-3 Form	New
SSA_201904-1205-003_20190430_Final.docx Supporting Statement A	2019-05-06

IC Document Collections

IC ID	Document Title	Status
235962	Form ETA-9142-B-CAA-3 Form	New

ICR Details

OMB Control No: 1205-0535	ICR Reference No: 201905-1205-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/07/2019
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/06/2019
	Date Received in OIRA: 05/06/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2019	6 Months From Approved
Responses	3,776	0	0
Time Burden (Hours)	21,712	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR supports the Exercise of Time-Limited Authority to Increase the Fiscal Year 2019 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program final rule being promulgated by the Department of Labor and the Department of Homeland Security. The regulatory requirements would be codified at 8 CFR part 214 and 20 CFR part 655. The ICR includes a new form, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the Consolidated Appropriations Act, Form ETA-9142-B-CAA-3.

Emergency Justfication: Clearance for Form ETA 9142-B-CAA-is sought using PRA emergency procedures outlined in the regulations at 5 CFR 1320.13. Section 105 of Division H of the Consolidated Appropriations Act,, Public Law 116-6 ((February 15, 2019) (FY 2019 Omnibus), authorized the Secretary of the Homeland Security, in consultation with the Secretary of Labor, to increase the number of H-2B visas available to U.S. employers in Fiscal Year (FY) 2019, notwithstanding the otherwise established statutory numerical limitation (H-2B cap). In consultation with the Secretary of Labor, the Secretary of Homeland Security increased the H-2B cap for FY 2019 by up to, but no more than, an additional 33,000 visas for employers who attest that they are likely to suffer irreparable harm (i.e. permanent and severe financial loss) without the ability to petition for workers who were issued an H-2B visa or otherwise granted H-2B status in FY 2016, 2017, or 2018. This increase is based on a time-limited statutory authority and does not affect the H-2B program in future fiscal years. The Departments are promulgating regulations to implement this determination. The exigency created by the FY 2019 Omnibus, to meet the high demand by American businesses for H-2B workers and the short period of time remaining in the fiscal year for U.S. employers to avoid the economic harms this legislation was intended to prevent requires initial clearance using expedited processes.

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Authorizing Statute(s): PL: Pub.L. 116 - 6 105 Name of Law: Consolidated Appropriations Act, 2019
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 6 105 Name of Law: Consolidated Appropriations Act, 2019

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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

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Form ETA-9142-B-CAA-3	Form ETA9142-B-CAA-3	Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the Consolidated Appropriations Act, 2019 Public Law 116-6 (February 15, 2019)

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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	3,776	0	3,776	0	0	0
Annual Time Burden (Hours)	21,712	0	21,712	0	0	0
Annual Cost Burden (Dollars)	0	0	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: This is a new information collection.

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Annual Cost to Federal Government:

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: 05/06/2019

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