Notice2022-05011
Agency Information Collection Activities for H-2A 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
March 10, 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 extension to the information collection request (ICR) titled, "H-2A Foreign Labor Certification Program," and the related information collection and retention requirements (Office of Management and Budget (OMB) Control Number 1205-0466), which covers Forms ETA-9142A, Application for H-2A Temporary Employment Certification; ETA-9142A, Appendix A, Assurances and Obligations; ETA-9142A, Final Determination: H-2A Temporary Labor Certification Approval; ETA-790/790A, H-2A Agricultural Clearance Order; ETA-790/790A, Addendum A, Additional Crops or Agricultural Activities; ETA-790/790A, Addendum B, Additional Worksite and/or Housing Information; and related form instructions. This action seeks to extend without change all 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 47 (Thursday, March 10, 2022)</title>
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[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13760-13761]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05011]
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DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities for H-2A 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
extension to the information collection request (ICR) titled, ``H-2A
Foreign Labor Certification Program,'' and the related information
collection and retention requirements (Office of Management and Budget
(OMB) Control Number 1205-0466), which covers Forms ETA-9142A,
Application for H-2A Temporary Employment Certification; ETA-9142A,
Appendix A, Assurances and Obligations; ETA-9142A, Final Determination:
H-2A Temporary Labor Certification Approval; ETA-790/790A, H-2A
Agricultural Clearance Order; ETA-790/790A, Addendum A, Additional
Crops or Agricultural Activities; ETA-790/790A, Addendum B, Additional
Worksite and/or Housing Information; and related form instructions.
This action seeks to extend without change all 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
May 9, 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
[[Page 13761]]
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#2e6b7a6f006168626d0068415c435d6e4a414200494158"><span class="__cf_email__" data-cfemail="622736234c2d242e214c240d100f1122060d0e4c050d14">[email protected]</span></a>.
Instructions: Submit written comments about, or requests for a copy
of, this ICR by email: <a href="/cdn-cgi/l/email-protection#296c7d6807666f656a076f465b445a694d4645074e465f"><span class="__cf_email__" data-cfemail="175243563958515b54395178657a645773787b39707861">[email protected]</span></a>. To ensure proper
consideration, include the OMB control number 1205-0466.
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 <a href="/cdn-cgi/l/email-protection#d4918095fa9b929897fa92bba6b9a794b0bbb8fab3bba2"><span class="__cf_email__" data-cfemail="034657422d4c454f402d456c716e7043676c6f2d646c75">[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 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. The
information collection is required by secs. 101(a)(15)(H)(ii)(a),
214(c), and 218 of the Immigration and Nationality Act (INA) (8 U.S.C.
1101(a)(15)(H)(ii)(a), 1184(c), and 1188), as well as 8 CFR 214.2(h)(5)
and 20 CFR part 655, subpart B. The H-2A visa program enables employers
to bring nonimmigrant foreign workers to the United States to perform
agricultural work of a seasonal or temporary nature as defined in 8
U.S.C. 1101(a)(15)(H)(ii)(a). Before an employer can file a petition
with the Department of Homeland Security (DHS) to employ temporary
workers as H-2A nonimmigrants, the INA and DHS regulations require an
employer to first obtain a determination from DOL certifying whether a
qualified U.S. worker is available to fill the job opportunity
described in the employer's petition for a temporary agricultural
worker 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. 8 U.S.C. 1188, INA sec. 218; 8 CFR
214.2(h)(5)(i), (ii), and (iv)(B). DOL's regulations establish the
processes by which an employer must obtain a temporary labor
certification from DOL and the rights and obligations of workers and
employers. 20 CFR part 655, subpart B.
This ICR, OMB Control No. 1205-0466, includes the collection of
information related to the temporary labor certification process and
agricultural clearance order process in the H-2A program. The
information contained in the application Form ETA-9142A, H-2A
Application for Temporary Employment Certification, and job order Form
ETA-790/790A, H-2A Agricultural Clearance Order, together serve as the
basis for the Secretary of Labor'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-2A workers. Employers use Appendix A of Form ETA-9142A to attest
that they will comply with all of the terms, conditions, and
obligations of the H-2A program. ETA is seeking a three-year extension,
without change, for each of these forms.
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 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.
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
1205-0466.
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 submissions of responses).
Agency: DOL-ETA.
Action: Extension.
Title of Collection: H-2A Temporary Agricultural Employment
Certification Program.
OMB Control Number: 1205-0466.
Affected Public: Individuals or Households, Private Sector--
businesses or other for-profits, Government, State, Local and Tribal
Governments.
Form(s): ETA-9142A, H-2A Application for Temporary Employment
Certification; ETA-9142A--Appendix A; ETA-9142A--Final Determination:
H-2A Temporary Labor Certification Approval; ETA-790/790A, H-2A
Agricultural Clearance Order; ETA-790/790A--Addendum A; ETA-790/790A--
Addendum B.
Total Estimated Number of Annual Respondents: 14,586.
Frequency: On occasion.
Total Estimated Number of Annual Responses: 458,114.
Average Time per Response:
<bullet> Forms ETA-9142A, Appendix A--.50 hours per response.
<bullet> Forms ETA-790/790A/790B--.67 hours per response.
<bullet> Administrative Appeals--0.33 hours per response.
Total Estimated Annual Time Burden: 88,268.23 hours.
Total Estimated Annual Other Costs Burden: $0.
Angela Hanks,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2022-05011 Filed 3-9-22; 8:45 am]
BILLING CODE 4510-FP-P
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