Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection.
ICR 202409-1205-002 · OMB 1205-0562 · Received in OIRA
⚠️ Notice: This information collection may be outdated. More recent filings for OMB 1205-0562 can be found here:
Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection.
No material or nonsubstantive change to a currently approved collection
No
Emergency
09/12/2024
09/16/2024
Requested
Previously Approved
02/28/2025
02/28/2025
141,472
141,472
54,020
54,020
0
0
This information collection request (ICR) seeks to establish a new information collection to reinstate previous versions of Forms ETA-9142A, ETA-790, ETA-790A, and ETA-790B, only to be used by the plaintiffs who were granted an injunction by the U.S. District Court for the Southern District of Georgia against the enforcement of the final rule âImproving Protections for Workers in Temporary Agricultural Employment in the United Statesâ (Farmworker Protection Rule) in Kansas, et al. v. U.S. Department of Labor (Kansas).
ETA is requesting emergency clearance of an information collection request (ICR) that supports its compliance with a preliminary injunction issued by the United States District Court for the Southern District of Georgia in the case Kansas, et al. vs. U.S. Department of Labor that prohibits the Department of Labor from enforcing the final rule âImproving Protections for Workers in Temporary Agricultural Employment in the United Statesâ (Farmworker Protection Rule) in certain respects. Specifically, the injunction prohibits DOL from enforcing the Farmworker Protection Rule in the states of Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, and against Miles Berry Farm and the Georgia Fruit and Vegetable Growers Association. The Department will enforce the final rule in all other states and territories as the Court Order does not impose a nationwide injunction. This emergency request ultimately seeks to establish a new information collection to reinstate Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B, in the OMB approved form which they existed, prior to the effective date of the Farmworker Protection Rule. These forms will only be used in the 17 states of Kansas, Georgia, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as by Miles Berry Farm and Georgia Fruit and Vegetable Growers Association (âKansas plaintiffsâ). The remainder of the states will continue to use these forms, as established through OMB Control Numbers 1205-0466 and 1205-0134. ETA cannot reasonably comply with the normal clearance procedures under the PRA and ensure the implementation of the regulatory requirements under the H-2A program and agricultural recruitment system. To comply with the courtâs order, the Department has requested emergency approval to continue use of the information collection tools in use prior to the Farmworker Protection Rule by employers performing work in a state where the injunction applies or that are one of the entities to whom the injunction applies. Thus, to be able to implement the Farmworker Protection Rule while fully complying with the courtâs order, the Department must reinstate Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B. Therefore, ETA requests a 180-day emergency clearance to establish the Criteria and Non-Criteria Agricultural Clearance Order Forms and H-2A Application for Temporary Employment Certification in States and by Employers Covered by Injunction of the Farmworker Protection Final Rule , Forms ETA-9142A, ETA-790, ETA-790 A, and ETA-790 B, (1205-NEW).
US Code:
29 USC 49
Name of Law: Wagner-Peyser Act of 1933
US Code:
8 USC 1101
Name of Law: Immigration and Nationality Act section 101(a)(15)(H)(ii)(a)
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 9142A Burden Related to the H-2A Program
Justification for OMB 1205-0562.docx
Emergency Letter 091224.pdf
Burden Related to the H-2A Program