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
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.
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.