Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)
Minor adjustments to burden estimates in the supporting statement.
Inventory as of this Action
Requested
Previously Approved
01/31/2021
36 Months From Approved
06/30/2019
5,177
0
3,076
5,177
0
19,225
1,534,929
0
912,003
This information collection request supports the Exercise of Time-Limited Authority to Increase the Fiscal Year 2018 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program final rule being promulgated by the Department of Labor (DOL or Department) and the Department of Homeland Security (DHS). The regulatory requirements would be codified at 8 CFR part 214 and 20 CFR part 655. The Information Collection Request (ICR) includes a new form, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018) (Form ETA-9142-B-CAA-2).
DOL is revising this information collection. The previously reported burden estimate has changed due to an increase on the estimated number of respondents (from 3,076 respondents to 5,177 respondents). The total estimated time burden hours, however, have been considerably decreased, because the requirements to complete and submit the attestation to DHS/USCIS, conduct additional recruitment, and conduct the business harm assessment have already been completed. As a result, DOL projects a decrease of the total annual burden for this collection of the previously approved 19,225 burden hours to 5,177 burden hours. DOL is proposing to revise this information collection to eliminate the burden associated with preparing and submitting the attestation to DHS/USCIS, as USCIS is no longer accepting these forms in connection with the petitions employers filed as a result of the temporary final rule that went into effect on May 31, 2018. DOL is also proposing to eliminate the requirement of conducting a business harm analysis and additional recruitment in support of the attestation, because these activities have already been completed by all eligible employers. DOL is further revising the collection by updating the PRA Statement in the instructions for the form, to reflect the updated burden estimates.
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.
Form ETA-9142-B-CAA-2 Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)
1205-0531 Supporting Statement_FINAL 6.6.19.doc
Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the Consolidated Appropriations Act, 2018, Public Law 115-141 (March 23, 2018)