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 202502-1205-002 · OMB 1205-0562 · Received in OIRA
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.
Extension without change of a currently approved collection
No
Regular
02/28/2025
Requested
Previously Approved
36 Months From Approved
02/28/2025
519,211
141,472
105,813
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).
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)
ETA 9142A, ETA 9142A - Appendix A, ETA 9142A - Appendix B, ETA 9142A, ETA 232, ETA 790A - Addendum B, ETA 790A, ETA 790, ETA 790A - Addendum C, ETA 790A - Addendum A
The total number of responses, burden hours, and monetized costs associated with all collections under this ICR differ from previous estimates. At the time of the last approval on September 12, 2024, only the Kansas preliminary injunction was effective and for that reason the Department only included estimates for the 17 states identified in the Kansas order. Since that time, the Barton preliminary injunction and the IFPA order were issued. As discussed above, all SWAs and employers (or employersâ authorized attorneys or agents) have been directed to prepare and submit clearance orders and H-2A applications using the forms applicable under the version of 20 CFR part 653, subpart F and part 655, subpart B in effect on June 27, 2024, the day before the effective date of the Farmworker Protection Rule, which are available through this ICR (Office of Management and Budget (OMB) Approval Number 1206-0562). Therefore, this notice includes burden estimates for all SWAs and employers using forms identified in this ICR.
While this notice identifies increased estimated burden compared to the prior approval, the overall burden to SWAs and employers for processing clearance orders and H-2A applications is not materially increasing because of these changes.
The reason why the estimated numbers of annual responses, burden hours, and monetized cost of respondent time associated with this ICR increased from the previously approved burden is due to the fact that the Department had more time to calculate program usage by tall program users when drafting this supporting statement than it did when drafting the supporting statement for the emergency PRA package. In the emergency estimate, the Department calculated burden by assigned burden based on a calculation of what percentage of the states and territories the 17 Kansas plaintiffs make up and assigned that percentage of total H-2A burden to those states. The Department has now been able to calculate the percentage of applications submitted with worksites in the 17 states that are Kansas plaintiffs. Over the last three full fiscal year (2022, 2023, and 2024), the Department determined that 52% of all H-2A applications filed were for worksites in the 17
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