Notice2025-17390
Agency Information Collection Activities; Comment Request; Revision of H-2A Temporary Agricultural Labor Certification Program
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
September 10, 2025
Issuing agencies
Labor DepartmentEmployment and Training Administration
Abstract
On July 2, 2025, the Department of Labor's (Department or DOL) Employment and Training Administration (ETA) and Wage and Hour Division issued a notice of proposed rulemaking (NPRM or proposed rule), "Recission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States," proposing to rescind provisions contained within the final rule published by the Department on April 29, 2024. The Department is notifying the public about its proposed revisions to the information collection request (ICR) covered under H-2A Temporary Agricultural Labor Certification Program (Office of Management and Budget (OMB) Control Number 1205- 0466) based on the changes proposed through the NPRM. The Department is seeking comments regarding its proposal to replace the existing information collection tools (e.g., forms and instructions) covered under OMB Control Number 1205-0466 with those that were required to implement the final rule "Temporary Agricultural Employment of H-2A Nonimmigrants in the United States" published on October 12, 2022 ("2022 Final Rule"), and which were covered under the same OMB Control Number, 1205-0466, while maintaining some changes put in place by the final rule published on April 29, 2024. 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 90 Issue 173 (Wednesday, September 10, 2025)</title>
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[Federal Register Volume 90, Number 173 (Wednesday, September 10, 2025)]
[Notices]
[Pages 43640-43642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17390]
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DEPARTMENT OF LABOR
Employment and Training Administration
Agency Information Collection Activities; Comment Request;
Revision of H-2A Temporary Agricultural Labor Certification Program
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice; request for comments.
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SUMMARY: On July 2, 2025, the Department of Labor's (Department or DOL)
Employment and Training Administration (ETA) and Wage and Hour Division
issued a notice of proposed rulemaking (NPRM or proposed rule),
``Recission of Final Rule: Improving Protections for Workers in
Temporary Agricultural Employment in the United States,'' proposing to
rescind provisions contained within the final rule published by the
Department on April 29, 2024. The Department is notifying the public
about its proposed revisions to the information collection request
(ICR) covered under H-2A Temporary Agricultural Labor Certification
Program (Office of Management and Budget (OMB) Control Number 1205-
0466) based on the changes proposed through the NPRM. The Department is
seeking comments regarding its proposal to replace the existing
information collection tools (e.g., forms and instructions) covered
under OMB Control Number 1205-0466 with those that were required to
implement the final rule ``Temporary Agricultural Employment of H-2A
Nonimmigrants in the United States'' published on October 12, 2022
(``2022 Final Rule''), and which were covered under the same OMB
Control Number, 1205-0466, while maintaining some changes put in place
by the final rule published on April 29, 2024. 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
November 10, 2025.
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-
[[Page 43641]]
5627 (this is not a toll-free number), or by email at
<a href="/cdn-cgi/l/email-protection#094c5d4827464f454a274f667b647a496d6665276e667f"><span class="__cf_email__" data-cfemail="440110056a0b0208076a022b36293704202b286a232b32">[email protected]</span></a>.
Instructions: Submit written comments about, or requests for a copy
of, this ICR by email at <a href="/cdn-cgi/l/email-protection#7f3a2b3e513039333c5139100d120c3f1b101351181009"><span class="__cf_email__" data-cfemail="672233264928212b24492108150a142703080b49000811">[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 at <a href="/cdn-cgi/l/email-protection#8cc9d8cda2c3cac0cfa2cae3fee1ffcce8e3e0a2ebe3fa"><span class="__cf_email__" data-cfemail="b1f4e5f09ffef7fdf29ff7dec3dcc2f1d5dedd9fd6dec7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: DOL, as part of 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 helps to ensure requested
data can be provided in the desired format, 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, and
20 CFR part 653, subpart F, and 29 CFR part 501. 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
import 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 workers in the U.S. 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; 29 CFR part 501.
This ICR, OMB Control Number 1205-0466, includes the collection of
information related to the temporary labor certification process
connected to the H-2A program and 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, Agricultural Clearance
Order; ETA-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. ETA is seeking a revision of OMB Control Number
1205-0466 to replace the information collection covered by it, with the
forms, instructions and information collection tools that were covered
by this OMB Control Number and implemented on June 13, 2023, as a
result of the publication of the 2022 Final Rule.\1\ The only
information collection tool that was part of that approved ICR package
that will require revision is Form ETA-790A, H-2A Agricultural
Clearance Order. Since the NPRM proposes to retain some regulatory
provisions, the Department seeks to retain some of the assurances in
Form ETA-790A, H-2A Agricultural Clearance Order approved by OMB on
July 11, 2024. The Department wants to ensure that these assurances
remain in place. The Department welcomes comment on any text,
assurances, or disclosures that should be retained in this ICR.
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\1\ See Temporary Agricultural Employment of H-2A NonImmigrants
in the United States, 87 FR 61660 (Oct. 12, 2022).
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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 submission of responses).
Agency: DOL-ETA.
Type of Review: Revision to a currently approved collection.
Title of Collection: H-2A Temporary Agricultural Labor
Certification Program.
Forms: 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, Agricultural
Clearance Order; ETA-790A, H-2A Agricultural Clearance Order; ETA-790/
790A--Addendum A; ETA-790/790A--Addendum B.
OMB Control Number: 1205-0466.
Affected Public: Individuals or Households; Private Sector
(businesses or other for-profits); Not-for-profit Institutions;
Government, State, Local and Tribal Governments.
Estimated Number of Respondents: 11,905.
Frequency: On occasion.
Total Estimated Annual Responses: 141,472.
Estimated Average Time per Response: Varies.
Estimated Total Annual Burden Hours: 63,906.94 hours.
Total Estimated Annual Other Cost Burden: $0.
[[Page 43642]]
Authority: 44 U.S.C. 3506(c)(2)(A).
Susan Frazier,
Acting Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2025-17390 Filed 9-9-25; 8:45 am]
BILLING CODE 4510-FP-P
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