Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers

OMB Control No: 1205-0535	ICR Reference No: 201911-1205-005
Status: Active	Previous ICR Reference No: 201905-1205-002
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers
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: 04/22/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/26/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	36 Months From Approved	04/30/2020
Responses	3,776	0	3,776
Time Burden (Hours)	1,888	0	21,712
Cost Burden (Dollars)	0	0	0

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Abstract: The information collection is necessary to implement the temporary cap increase authorized by the FY 2019 Omnibus. Employers that obtained a temporary labor certification (TLC) had to complete and submit a signed attestation form to DHS and must retain the form and the required supporting documentation for three years from the date the TLC was issued. Retaining these records for the specified period of time allows federal agencies to assess compliance with applicable regulatory standards.

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Authorizing Statute(s): PL: Pub.L. 116 - 6 105 Name of Law: Consolidated Appropriations Act, 2019

Citations for New Statutory Requirements: PL: Pub.L. 116 - 6 105 Name of Law: Consolidated Appropriations Act, 2019

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1205-AB95	Final or interim final rulemaking	84 FR 20005	05/08/2019

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 20005	05/08/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 65190	11/26/2019
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Form ETA-9142-B-CAA-3 Form ETA9142-B-CAA-3 Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the Consolidated Appropriations Act, 2019 Public Law 116-6 (February 15, 2019)

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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	3,776	3,776	0	0	0	0
Annual Time Burden (Hours)	1,888	21,712	0	-19,824	0	0
Annual Cost Burden (Dollars)	0	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The Department of Labor is now reporting a reduction in the burden initially projected when the emergency request was filed. The burden hours for which emergency approval was initially sought has been reduced by 19,824 hours. This burden reduction results from the fact that as of June 5, 2019, employers are no longer allowed to complete and submit the form, nor required to conduct a business harm assessment, because the supplemental cap was reached, as announced by DHS on June 7, 2019. The only remaining requirement is the recordkeeping requirement, which DOL estimates will result in 1,888 burden hours.

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Annual Cost to Federal Government: $0

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: Maya Kelley 202 693-2805 [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: 11/26/2019

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