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Federal forms, ICRs, and supporting documents

Information Collection Request

Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey

ICR 201504-1205-002 · OMB 1205-0516 · Historical Inactive

Forms and Documents
DocumentTypeStatusAvailability
No forms / supporting documents in this ICR. Check IC Document Collections.
IC Document Collections
IC IDCollectionTypeStatusForm
215966 H-2B Employer-Provided Survey Attestation New
ICR Details
1205-0516 201504-1205-002
Historical Inactive
DOL/ETA
Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey
New collection (Request for a new OMB Control Number)   No
Emergency 04/30/2015
Preapproved 04/28/2015
Retrieve Notice of Action (NOA) 04/10/2015
  Inventory as of this Action Requested Previously Approved
10/31/2015 6 Months From Approved
556 0 0
348 0 0
211,884 0 0
This ICR supports Employment and Training Administration regulations regarding the use of wage surveys in the H-2B labor certification program. The regulations require employers to submit a cover sheet answering questions about the private wage survey they are submitting to obtain their prevailing wage determination.
Emergency processing is necessary because regular PRA procedures outlined in 5 CFR 1320 would prevent the agency from responding to an unanticipated event, the adverse court decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 774 F.3d 173 (3rd Cir., Dec. 5, 2014) (CATA III), which vacated the DOL’s authority to accept employer-provided surveys to set the prevailing wage in the H-2B visa program for temporary non-agricultural foreign workers. This information collection is essential to the mission of DOL, and must be approved in an expedited fashion so as to continue providing the U.S. Citizenship and Immigration Services of the Department of Homeland Security with the necessary consultations required under the H-2B statute.
US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1011(a)(15)(H)(ii)(b) Name of Law: Immigration and Nationality Act
  
None
1205-AB72 Final or interim final rulemaking
No
1
IC Title Form No. Form Name
H-2B Employer-Provided Survey Attestation ETA-9165
  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 556 0 0 556 0 0
Annual Time Burden (Hours) 348 0 0 348 0 0
Annual Cost Burden (Dollars) 211,884 0 0 211,884 0 0
Yes
Changing Regulations
No
The Department of Labor is promulgating a final rule, which has a new PRA requirement.
$3,216
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.
04/10/2015