H-2A Temporary Agricultural Labor Certification Program

OMB Control No: 1205-0466	ICR Reference No: 202309-1205-001
Status: Received in OIRA	Previous ICR Reference No: 202303-1205-002
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	Date Submitted to OIRA: 09/15/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2025
Responses	527,392	467,843
Time Burden (Hours)	120,281	102,865
Cost Burden (Dollars)	0	0

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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 1188(a)(1)(g)(2) Name of Law: Immigration and Nationality Act    US Code: 8 USC 1101(a)(15)(H)(ii)(a) Name of Law: Immigration and Nationality Act    US Code: 8 USC 1184(c)(1) 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:
1205-AC12	Proposed rulemaking	88 FR 63750	09/15/2023

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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: 1

IC Title Form No. Form Name H-2A Temporary Agricultural Labor Certification Program Updated Forms Form ETA-9142A – APPENDIX A, Form ETA-790A, Form ETA-9142A, Form ETA-790A - Addendum C, Form ETA-9142A – Appendix B, Form ETA-790A Addendum A, Form ETA-790, Form ETA-790A Addendum B, Form ETA-232, ETA-9142A – Appendix C, ETA 9142A - Appendix D, ETA-9142A Nature of H-2A Application ,   H-2A LABOR CONTRACTOR SURETY BOND ,   Additional Material Terms and Conditions of the Job Offer ,   Additional Place of Employment Information ,   Additional Crop or Agricultural Activities and Wage Offer Information ,   Clearance Order Information ,   Attorney or Agent Declaration ,   Job Offer Information ,   Owners-Managers Form ,   Foreign Labor Recruiter ,   TEMPORARY AGRICULTURAL LABOR CERTIFICATION ,   Domestic Agricultural In-Season Wage Report

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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	527,392	467,843	0	0	59,549	0
Annual Time Burden (Hours)	120,281	102,865	0	1	17,415	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. Although there is an increase the total number of annual responses and hours of this ICR, there has been an increase of annual responses. The one main reason why the estimated number of annual responses and burden hours associated with this ICR have increased from the previously approved burden is the increase on the number of applications filed with OFLC to request certifications have increased. Additionally, the main reason why the estimated numbers of monetized cost of respondent time associated with this ICR have decreased from the previously approved ICR is the decrease in the hourly rate of a Human Resource employee typically filling and completing the necessary forms associated with this ICR.

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Annual Cost to Federal Government: $30,596,743

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? No

Agency Contact: Patrice Gibson 202 693-0158 [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: 09/15/2023

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