H-2A Temporary Agricultural Labor Certification Program

OMB Control No: 1205-0466	ICR Reference No: 201903-1205-002
Status: Active	Previous ICR Reference No: 201810-1205-004
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: H-2A Temporary Agricultural 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 with change	Conclusion Date: 08/22/2019
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/30/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2022	36 Months From Approved	08/31/2019
Responses	273,537	0	160,773
Time Burden (Hours)	52,385	0	49,194
Cost Burden (Dollars)	2,521,940	0	1,608,700

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Abstract: The Immigration and Nationality Act (INA) requires the Secretary of Labor to certify, among other things, that any foreign worker seeking to enter the United States (U.S.) to perform certain skilled or unskilled labor will not, by doing so, adversely affect wages and working conditions of U.S. workers similarly employed. The Secretary must also certify there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may petition for any temporary skilled or unskilled foreign workers, it must submit a request for certification to the Secretary containing the elements prescribed by the INA and regulations.

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Authorizing Statute(s): US Code: 8 USC 1101(a)(15)(H)(ii)(a) Name of Law: Immigration and Nationality Act    US Code: 8 USC 1184(c) Name of Law: Immigration and Nationality Act    US Code: 8 USC 1188 Name of Law: Immigration and Nationality Act

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:
	83 FR 53911	10/25/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 25074	05/30/2019
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name H-2A Temporary Agricultural Labor Certification Program Existing Forms ETA-9142A FD TLC, ETA-790A, ETA Form 790, ETA-790, ETA-790 A Addendum A wages, ETA-790A Addendum B worksites-housing, ETA-790A Addendum C additional info, ETA-9142A, ETA-9142A - Appendix A H-2A Application for Temporary Employment Certification ,   Appendix A ,   H-2A Agricultural Clearance Order ,   H-2A Agricultural Clearance Order Form ETA-790A Addendum A ,   H-2A Agricultural Clearance Order Form ETA-790A Addendum B ,   H-2A Agricultural Clearance Order Form ETA-790A Addendum C ,   Form ETA-9142A – Final Determination: H-2A Temporary Labor Certification Approval ,   Agricultural Clearance ,   CURRENT ETA 790 and Instructions OMB Approved H-2A Temporary Agricultural Labor Certification Program Updated Forms ETA-790, ETA-9142A FD TLC, ETA-9142A, ETA-790A Addendum A, ETA-790A, ETA-9142A - Appendix A, ETA-790A Addendum B, ETA-790A Addendum C H-2A Application for Temporary Employment Certification ,   Appendix A ,   Agricultural Clearance Order Form ETA-790 ,   H-2A Agricultural Clearance Order Form ETA-790A ,   H-2A Agricultural Clearance Order Form ETA-790A Addendum A ,   H-2A Agricultural Clearance Order Form ETA-790A Addendum B ,   H-2A Agricultural Clearance Order Form ETA-790A Addendum C ,   H-2A Application for Temporary Employment Certification Form ETA-9142A – Final Determination: H-2A Temporary Labor Certification Approval

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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	273,537	160,773	0	0	112,764	0
Annual Time Burden (Hours)	52,385	49,194	0	0	3,191	0
Annual Cost Burden (Dollars)	2,521,940	1,608,700	0	0	913,240	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:

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Annual Cost to Federal Government: $15,796,450

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: Walter Parker 202 693-2778 [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: 05/30/2019

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