Notice2022-00393
Agency Information Collection Activities for H-2B Foreign Labor Certification Program; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2022
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
The Department of Labor's (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed revision to the information collection request (ICR) titled "H-2B Foreign Labor Certification Program," and related information collection and retention requirements (OMB Control Number 1205-0509), which covers Forms ETA-9142B, ETA-9142B, Appendices A, B, C, and D, ETA-9142B, Final Determination, ETA-9165, ETA-9155, H-2B Seafood Industry Attestation, and related form instructions. This action seeks to revise the Form ETA-9142B and its instructions, revise the Form ETA- 9142B Appendix D, and make a change to the Form ETA-9155 and its instructions to conform to changes made to the Form ETA-9142B. This action seeks to extend without change to the remaining forms in the information collection. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Full Text
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<title>Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)</title>
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[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1787-1789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00393]
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DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities for H-2B Foreign Labor
Certification Program; Comment Request
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor's (DOL) Employment and Training
Administration (ETA) is soliciting comments concerning a proposed
revision to the information collection request (ICR) titled ``H-2B
Foreign Labor Certification Program,'' and related information
collection and retention requirements (OMB Control Number 1205-0509),
which covers Forms ETA-9142B, ETA-9142B, Appendices A, B, C, and D,
ETA-9142B, Final Determination, ETA-9165, ETA-9155, H-2B Seafood
Industry Attestation, and related form instructions. This action seeks
to revise the Form ETA-9142B and its instructions, revise the Form ETA-
9142B Appendix D, and make a change to the Form ETA-9155 and its
instructions to conform to changes made to the Form ETA-9142B. This
action seeks to extend without change to the remaining forms in the
information collection. This comment request is part of continuing
Departmental efforts to reduce paperwork and respondent burden in
accordance with the Paperwork Reduction Act of 1995 (PRA).
DATES: Consideration will be given to all written comments received by
March 14, 2022.
ADDRESSES: A copy of this ICR with applicable supporting documentation,
including a description of the likely respondents, proposed frequency
of response, and estimated total burden, may be obtained for free by
contacting Brian Pasternak, Administrator, Office of Foreign Labor
Certification, by telephone at 202-693-8200 (this is not a toll-free
number), TTY 1-877-889-5627 (this is not a toll-free number), or by
email at <a href="/cdn-cgi/l/email-protection#266372670869606a65086049544b556642494a08414950"><span class="__cf_email__" data-cfemail="b4f1e0f59afbf2f8f79af2dbc6d9c7f4d0dbd89ad3dbc2">[email protected]</span></a>.
Submit written comments about, or requests for a copy of, this ICR
by email at <a href="/cdn-cgi/l/email-protection#1f5a4b5e315059535c3159706d726c5f7b707331787069"><span class="__cf_email__" data-cfemail="084d5c4926474e444b264e677a657b486c6764266f677e">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office
of Foreign Labor Certification, by telephone at 202-693-8200 (this is
not a toll-free number) or by email at <a href="/cdn-cgi/l/email-protection#fbbeafbad5b4bdb7b8d5bd94899688bb9f9497d59c948d"><span class="__cf_email__" data-cfemail="400514016e0f060c036e062f322d3300242f2c6e272f36">[email protected]</span></a>.
Authority: 44 U.S.C. 3506(c)(2)(A).
SUPPLEMENTARY INFORMATION:
DOL, in its continuing efforts to reduce paperwork and respondent
burden, conducts a pre-clearance consultation program to provide the
general public and Federal agencies an opportunity to comment on
proposed and/or continuing collections of information before submitting
them to the Office of Management and Budget (OMB) for final approval.
This program ensures the public provides all necessary data in the
desired format, the reporting burden (time and financial resources) is
minimized, collection instruments are clearly understood, and the
impact of collection requirements can be properly assessed.
This information collection is required by Sections
101(a)(15)(H)(ii)(b) and 214(c) of the Immigration and Nationality Act
(INA) (8 U.S.C. 1011(a)(15)(H)(ii)(b) and 1184(c)), as well as 8 CFR
214.2(h)(6), 20 CFR 655, Subpart A, and 29 CFR 503. The H-2B program
enables employers to bring nonimmigrant foreign workers to the United
States to perform non-agricultural work of a temporary nature. See 8
U.S.C. 1101(a)(15)(H)(ii)(b). The Department of Homeland Security (DHS)
consults with DOL with respect to the H-2B program, and DOL provides
advice on whether U.S. workers capable of performing the temporary
services or labor are available. See 8 U.S.C. 1184(c)(1), INA Section
214(c)(1) (providing for DHS to consult with ``appropriate agencies of
the Government''). Under DHS regulations, an H-2B petition for
temporary employment must be accompanied by an approved temporary labor
certification from DOL, which serves as DOL's consultative advice to
DHS regarding whether a qualified U.S. worker is available to fill the
petitioning H-2B employer's job opportunity and whether a foreign
worker's employment in the job opportunity will adversely affect the
wages or working conditions of similarly employed U.S. workers. See 8
CFR 214.2(h)(6)(iii)(A), (iv)(A). DHS and DOL jointly promulgated
regulations establishing the processes by which an employer must obtain
a prevailing wage and temporary labor certification from DOL, and the
rights and obligations of workers and employers. See 20 CFR 655,
subpart A; 29 CFR part 503; 8 CFR 214.2(h)(6)(iii)-(iv). The
information contained in the Form ETA-9142B, H-2B Application for
Temporary Employment Certification, and corresponding appendices serve
as the basis for the Secretary's determination that qualified U.S.
workers are not available to perform the services or labor needed by
the employer and that the wages and working conditions of similarly
employed U.S. workers will not be adversely affected by the employment
of H-2B workers.
ETA is seeking comments on proposed revisions to the Form ETA-
9142B, H-2B Application for Temporary Employment Certification, its
instructions, and Form ETA-9142B, Appendix D. The proposed revisions to
the Form ETA-9142B seek to clarify collection of cap-subject and cap-
exempt data which DOL uses to inform its advice to DHS regarding the H-
2B numerical cap and seek to streamline the collection of overtime wage
information for all worksites for the application. The proposed
revisions to the Form ETA-9142B, Appendix D modify the appendix to
collect joint employer information, as applicable, in addition to job
contractor information.
This ICR includes the collection of information related to the use
of employer-provided surveys for determining prevailing wages and the
[[Page 1788]]
temporary labor certification process in the H-2B program. The Form
ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B
Prevailing Wage Determination Request Based on a Non-OES Survey, is
used to collect information that permits ETA to determine whether an
employer-provided survey can be used to establish a prevailing wage in
the occupational classification in lieu of a prevailing wage determined
using the Bureau of Labor Statistics Occupational Employment Wage
Statistics (OEWS) program. ETA seeks approval of extension of this form
and its instructions without change.
Additionally, ETA is seeking comments on the Form ETA-9155, H-2B
Registration, which allows ETA to determine whether the nature and
duration of the employer's need for H-2B workers is temporary. Where
ETA has not operationalized the registration process through a separate
notice in the Federal Register, H-2B applications are exempt from the
registration requirements under 20 CFR 655.11, and the adjudication of
the employer's temporary need will continue to occur based on
information collected on the Form ETA-9142B. A change was made to the
Form ETA-9155 to conform the registration form to the proposed changes
to the Form ETA-9142B.
ETA is also seeking comments on its extension of Appendices A, B,
and C to the Form ETA-9142B, and revision to Appendix D of the Form
ETA-9142B. Appendix A requires an employer to use a standard format to
disclose additional place(s) of employment and, if applicable, multiple
wage offers for the job opportunity. Employers use Appendix B of the
Form ETA-9142B to attest that they will comply with all of the terms,
conditions, and obligations of the H-2B program. Appendix C requires an
employer to use a standard format to disclose the identity and location
of all foreign labor recruiters. In order to recruit prospective
foreign workers for the job opportunities offered by the employer under
the Form ETA-9142B, the employer, and its attorney or agent (as
applicable), must provide the identity and location of all persons and
entities hired by or working for the recruiter or agent and any of the
agent(s) or employee(s) of those person and entities. See 20 CFR
655.9(b). Collection of this information in a standard format will also
permit ETA to more effectively comply with 20 CFR 655.9(c), which
requires the maintenance of a publicly available list of foreign labor
recruiters and the location(s) in which they are operating. The
proposed revisions to Appendix D would require joint employers, whether
filing as job contractors or not, to disclose the name and contact
information of the employer-client or other joint employer.
The ICR contains a one-page Form ETA-9142B, Final Determination: H-
2B Temporary Labor Certification Approval, which is issued
electronically to employers granted temporary labor certification by
DOL. In circumstances where the employer or, if applicable, its
authorized attorney or agent, is not able to receive the temporary
labor certification documents electronically, ETA sends the
certification documents printed on standard paper in a manner that
ensures overnight delivery. DOL seeks to extend the Final
Determination.
Finally, ETA is requesting a three-year extension, without change,
of the Form ETA-9142B, Seafood Industry Attestation. Employers in the
seafood industry who wish to stagger the entry of H-2B workers into the
United States between 90 and 120 days after the certified start date of
need will need to complete the Form ETA-9142B, Seafood Industry
Attestation, and provide a copy to each H-2B worker to present, upon
request by DHS, when seeking entry into the United States.
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless it is approved by the OMB under the PRA and displays
a currently valid OMB Control Number. In addition, notwithstanding any
other provisions of law, no person shall generally be subject to
penalty for failing to comply with a collection of information that
does not display a valid Control Number. See 5 CFR 1320.5(a) and
1320.6. The DOL obtains OMB approval for this information collection
under Control Number 1205-0509. The DOL notes that existing information
collection requirements submitted to the OMB receive a month-to-month
extension while they undergo review. New requirements would only take
effect upon OMB approval.
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection unless OMB, under the PRA, approves it and the collection
tool displays a currently valid OMB Control Number. In addition,
notwithstanding any other provisions of law, no person shall generally
be subject to penalty for failing to comply with a collection of
information that does not display a valid Control Number. See 5 CFR
1320.5(a) and 1320.6.
Interested parties are encouraged to provide comments to the
contact shown in the ADDRESSES section. Comments must be written to
receive consideration, and they will be summarized and included in the
request for OMB approval of the final ICR. In order to help ensure
appropriate consideration, comments should mention OMB control number
1205-0509.
Submitted comments will also be a matter of public record for this
ICR and posted on the internet, without redaction. DOL encourages
commenters not to include personally identifiable information,
confidential business data, or other sensitive statements/information
in any comments.
DOL is particularly interested in comments that:
<bullet> Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
<bullet> Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
<bullet> Enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses).
Agency: DOL-ETA.
Action: Revision.
Title of Collection: H-2B Foreign Labor Certification Program.
OMB Control Number: 1205-0509.
Affected Public: Private Sector.
Form(s): ETA-9142B, ETA-9142B General Instructions, ETA-9142B,
Appendices A, B, C, and D, ETA-9165, ETA-9165, Instructions, Seafood
Industry Attestation, ETA-9155, ETA-9155, Instructions.
Total Estimated Number of Annual Respondents: 88,193.
Frequency: On occasion.
Total Estimated Annual Responses: 299,551.
Average Time per Response: 3 hours and 45 minutes.
Total Estimated Annual Time Burden: 86,585.91 hours.
Total Estimated Annual Other Costs Burden: $998,310.
[[Page 1789]]
Authority: 44 U.S.C. 3507(a)(1)(D).
Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-00393 Filed 1-11-22; 8:45 am]
BILLING CODE 4510-FP-P
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