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Federal forms, ICRs, and supporting documents

Information Collection Request

Labor Certification Letter for H-2A Agricultural Foreign Workers

ICR 201210-1205-003 · OMB 1205-0404 · Historical Active

Forms and Documents
DocumentTypeStatusAvailability
Supporting statement 1205-0404 - final 3-4-13.doc Supporting Statement A Uploaded 2013-03-04 Available
IC Document Collections
IC IDCollectionTypeStatusForm
13228 Labor Certification for the Temporary Employment of Nonimmigrant Aliens in Agricuture in the United States; Administration Measures to Improve Program Performance Other-Letter Modified
ICR Details
1205-0404 201210-1205-003
Historical Active 200806-1205-004
DOL/ETA
Labor Certification Letter for H-2A Agricultural Foreign Workers
Extension without change of a currently approved collection   No
Regular
Approved with change 03/05/2013
Retrieve Notice of Action (NOA) 10/31/2012
DOL has requested an abbreviated approval in order to discontinue this OMB control number. The information collection burden has been moved into OMB approved collection 1205-0466.
  Inventory as of this Action Requested Previously Approved
04/30/2013 36 Months From Approved 03/31/2013
361 0 385
90 0 96
0 0 0
This ICR is submitted to ensure existing requirements remain active. The DOL intends to merge the collection into 1205-0466 upon approval by OMB. It pertains to the H-2A nonimmigrant labor certification process for agricultural foreign workers. Most of the PRA implicated provisions of the H-2A program are in 1205-0466; therefore, the Department seeks to merge the two collections and discontinue this one. The Department's regulation at 20 CFR § 655.103(e) defines the Fifty-percent Rule, which requires the employer, who received a labor certification in the H-2A program, to provide employment to any qualified, eligible U.S. worker who applies to the employer until 50% of the time of need for the foreign worker has elapsed. 20 CFR 655.106(e)(1)(ii) mandates that agricultural employers inform the SWAs if the H-2A workers do not depart for the place of employment on or before the first date of need in writing (or orally and then confirmed in writing) as soon as the employer knows that the workers will not depart by the first date of need. This provision is necessary so that the SWA can begin calculation of when to stop referring workers under the Fifty-percent Rule and when the employer can cease active recruitment.
US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act
  
None
Not associated with rulemaking
  77 FR 49025 08/15/2012
77 FR 65715 10/30/2012
Yes
  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 361 385 0 0 -24 0
Annual Time Burden (Hours) 90 96 0 0 -6 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
This submission, like the 2009 submission, bases the burden calculation on the number of employers who have to actually notify the SWA of departure dates. The annual burden for this information collection decreased slightly from 96 hours to 90 hours due to a slight decrease in the number of employers certified to employ H-2A workers.
$41,593
No
No
No
No
No
Uncollected
Eugenia Ordynsky 202-693-3762 [email protected]
  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.
10/31/2012