H-2B Foreign Labor Certification Program

OMB Control No: 1205-0509	ICR Reference No: 201510-1205-004
Status: Historical Active	Previous ICR Reference No: 201505-1205-001
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: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/11/2015
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/30/2015
Terms of Clearance: DOL should provide an update on its ability to modify the form in the next extension request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	36 Months From Approved	12/31/2015
Responses	180,185	0	184,442
Time Burden (Hours)	48,800	0	47,992
Cost Burden (Dollars)	351,800	0	351,800

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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.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 39801	07/10/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 66575	10/29/2015
Did the Agency receive public comments on this ICR? Yes

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

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

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ICR Summary of Burden

	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	180,185	184,442	0	0	-4,257	0
Annual Time Burden (Hours)	48,800	47,992	0	0	808	0
Annual Cost Burden (Dollars)	351,800	351,800	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: None of the discretionary changes made in response to public comments are expected to change burden. The agency is correcting some inadvertent math errors from the most recent submission. These changes to the estimates show a decrease of 4,257 responses (from 184,442 to 180,185) and an increase of 808 burden hours (from 47,992 to 48,800).

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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: 10/30/2015

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