Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division O of the Further Consolidated Appropriations Act, 2021, Public Law 116-260

ICR 202109-1205-001

OMB: 1205-0547

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2021-11-04
Supplementary Document
2021-11-04
Supporting Statement A
2021-10-27
IC Document Collections
ICR Details
1205-0547 202109-1205-001
Received in OIRA 202105-1205-005
DOL/ETA
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division O of the Further Consolidated Appropriations Act, 2021, Public Law 116-260
Revision of a currently approved collection   No
Regular 11/04/2021
  Requested Previously Approved
36 Months From Approved 11/30/2021
3,558 3,558
890 32,023
0 0

Employers that sought authorization to employ H-2B workers under this time-limited authority submitted Form ETA-9142-B-CAA-4 and the I-129 petition to U.S. Citizenship and Immigration Services (USCIS) in DHS; if they made the submission to USCIS 45 or more days after the certified start date of work, as shown on its approved Application for Temporary Employment Certification, they were required to conduct additional recruitment to confirm that there were no qualified U.S. workers available for the positions. These employers were, and continue to be, required to maintain the records associated with the filing of Form ETA-9142-B-CAA-4, including those related to the additional recruitment efforts, if applicable, for three years from the date DOL certified the H-2B temporary labor certification application.

PL: Pub.L. 116 - 260 105 of Division O Name of Law: Further Consolidated Appropriations Act, 2021
  
None

Not associated with rulemaking

  86 FR 28198 05/25/2021
86 FR 60916 11/04/2021
Yes

1
IC Title Form No. Form Name
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers

  Total Request 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 3,558 3,558 0 0 0 0
Annual Time Burden (Hours) 890 32,023 0 -31,133 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
Yes
Changing Regulations
DOL is now reporting a reduction in the burden initially projected when the emergency request was filed. The burden hours for which emergency approval was initially sought has been reduced by 31,133 hours. This burden reduction results from the fact that as of August 13, 2021, employers are no longer allowed to complete and submit the form, nor required to conduct a business harm assessment, because the supplemental cap was reached, as announced by DHS on August 19, 2021. The only remaining requirement is the recordkeeping requirement, which DOL estimates will result in an approximate total of 890 burden hours.

$0
No
    No
    No
No
No
No
Yes
Emily St. Onge 202 693-2605 st.onge.emily@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.
11/04/2021


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