H-2B Foreign Labor Certification Program

OMB Control No: 1205-0509	ICR Reference No: 201504-1205-003
Status: Historical Inactive	Previous ICR Reference No: 201404-1205-001
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2B Foreign Labor Certification Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 04/30/2015
OIRA Conclusion Action: Preapproved	Conclusion Date: 04/27/2015
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/10/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2015	6 Months From Approved	03/31/2016
Responses	184,442	0	38,424
Time Burden (Hours)	47,992	0	16,017
Cost Burden (Dollars)	351,800	0	19,000

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Abstract: This ICR supports Department of Labor and Department of Homeland Security regulations that contain information collections under the H-2B labor certification program.

Emergency Justfication: This information collection is essential to the mission of DOL, and must be approved in an expedited fashion so as to continue providing the Department of Homeland Security , U.S. Citizenship and Immigration Services, with the consultation and advice required by Immigration and Nationality Act section 214(c)(1) and federal regulations at 8 CFR 214.2(h)(6). 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 Perez v. Perez, which held that DOL does not have authority to promulgate regulations and vacated the 2008 regulations, codified at 20 CFR part 655, subpart A, under which the Department had been operating. Adhering to standard PRA time frames would leave the program with no authorizing regulation, resulting in public harm.

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Authorizing Statute(s): US Code: 8 USC 1011(a)(15)(H)(ii)(b) Name of Law: Immigration and Nationality Act    US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act    PL: Pub.L. 113 - 76 113 Name of Law: Consolidated Appropriations Act, 2014

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB76	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name H-2B Program ETA-9142B Appendix B, ETA-9142B, ETA-9142B H-2B Employer Registration ETA-9155 H-2B Seafood Worker Requirements-Attestation Presentation ETA-9142B Seafood Attestation

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ICR Summary of Burden

	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	184,442	38,424	0	146,018	0	0
Annual Time Burden (Hours)	47,992	16,017	0	31,975	0	0
Annual Cost Burden (Dollars)	351,800	19,000	0	332,800	0	0

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: An additional registration process has been added through new regulations as has the requirement to translate the job order for those foreign workers who cannot speak English. These have increased the annual cost burden. The hourly burden has increased due to other new regulatory requirements.

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Annual Cost to Federal Government: $2,186,905

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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

Agency Contact: Eugenia Ordynsky 202-693-3762 [email protected]

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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: 04/10/2015

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