H-2A Application for Temporary Employment Certification

Forms and Documents

Document Name	Status
Form ETA-232 Collection of U.S. Worker Wage Information from SWAs Form	New
Form ETA-9142A H-2A Information Collection from Employers Form	New
H-2A NPRM Comprehensive. SS New OMB Control Number. 7.23.19.doc Supporting Statement A	2019-07-23

IC Document Collections

IC ID	Document Title	Status
237050	Collection of U.S. Worker Wage Information from SWAs Form	New
237049	H-2A Information Collection from Employers Form	New

ICR Details

OMB Control No: 1205-0537	ICR Reference No: 201907-1205-012
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Application for Temporary Employment Certification
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 10/20/2019
	Date Received in OIRA: 07/30/2019
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Following processing of the final rule, the agency will merge this OMB Control Number back with the Control Number for the H 2A Foreign Labor Certification Program (1205-0466).

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Secretary of Labor (Secretary) has delegated the responsibility of issuing temporary labor certifications, through the Assistant Secretary, Employment and Training Administration (ETA), to ETA’s OFLC. See Secretary’s Order 06-2010. The Secretary has also delegated responsibility for enforcement of the worker protections to the Administrator of the Wage and Hour Division (WHD). See Secretary’s Order 01-2014. This information collection, OMB Control No. 1205-0466, includes the collection of information related to an employer’s request for nonimmigrant workers, as well as the material terms, wages, and conditions of employment that facilitate the recruitment of U.S. workers and issuance of temporary labor certifications in the H-2A program. ETA uses this information collection to meet its statutory and regulatory responsibilities for administering the H-2A program. An employer seeking to employ H-2A workers must file a completed Form ETA-9142A (including all supporting documentation) and a copy of the job order (also known as the agricultural clearance order, Form ETA-790) must be submitted for circulation in ARS by the SWA serving the area of intended employment and the SWAs in other states, as appropriate to recruit for the job opportunity. These forms and all supporting documentation constitute the H-2A application.

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Authorizing Statute(s): US Code: 8 USC 1101(a)(15)(H)(ii)(a) Name of Law: Immigration and Nationality Act (INA)
   US Code: 8 USC 1184(c)(1) Name of Law: Immigration and Nationality Act (INA)
   US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act (INA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB89	Proposed rulemaking	84 FR 36168	07/26/2019

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 36168	07/26/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 36168	07/26/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Collection of U.S. Worker Wage Information from SWAs	ETA-232	Domestic Agricultural In-Season Wage Report
H-2A Information Collection from Employers	ETA-790A, ETA-790A Addendum A, ETA-790A Addendum B, ETA-9142A – APPENDIX B, ETA-790A Addendum C, ETA-790, ETA-9142A, ETA-9142A – APPENDIX A, Form ETA-9142A FD	H-2A Application for Temporary Employment Certification ,   H-2A Application for Temporary Employment Certification Form ETA-9142A – APPENDIX A ,   H-2A Application for Temporary Employment Certification Form ETA-9142A – APPENDIX B ,   Form ETA-9142A – H-2A Approval Final Determination Temporary Agricultural Labor Certification ,   Agricultural Clearance Order ,   H-2A Agricultural Clearance Order ,   Form ETA-790A Addendum A ,   Form ETA-790A Addendum B ,   Form ETA-790A Addendum C

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The NPRM would increase the number of employers using the H-2A program by expanding the definition of agricultural labor or services to include reforestation and pinestraw gathering occupations. The additional employers responding under this ICR are expected to be H-2A Labor Contractors, which are subject to more complex collection requirements involving more responses and higher burden per respondent. As a result, the Department estimates, based on this increase in the number of respondents, that the total annual burden hours will increase from the previously estimated annual burden hours.

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Annual Cost to Federal Government: $15,796,450

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: 07/30/2019

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