Notice2026-05204
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
March 17, 2026
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, Appendices A, B, C, and D, ETA-9142B, Final Determination, H-2B Seafood Industry Attestation, and related form instructions. This action seeks to renew these forms. The Department also proposes to eliminate the Form ETA-9155, H-2B Registration and pertinent instructions, as employers are not required to complete and submit this form. 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 91 Issue 51 (Tuesday, March 17, 2026)</title>
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[Federal Register Volume 91, Number 51 (Tuesday, March 17, 2026)]
[Notices]
[Pages 12827-12828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05204]
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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, Appendices A, B, C, and D, ETA-9142B,
Final Determination, H-2B Seafood Industry Attestation, and related
form instructions. This action seeks to renew these forms. The
Department also proposes to eliminate the Form ETA-9155, H-2B
Registration and pertinent instructions, as employers are not required
to complete and submit this form. 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 18, 2026.
ADDRESSES: To submit written comments and/or request a copy of this ICR
(e.g., forms, instructions; supporting documentation; etc.), for free,
please send an email to Brian Pasternak, Administrator, Office of
Foreign Labor Certification, by email at <a href="/cdn-cgi/l/email-protection#d89d8c99f6979e949bf69eb7aab5ab98bcb7b4f6bfb7ae"><span class="__cf_email__" data-cfemail="c1849580ef8e878d82ef87aeb3acb281a5aeadefa6aeb7">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office
of Foreign Labor Certification, by email at <a href="/cdn-cgi/l/email-protection#3d78697c13727b717e137b524f504e7d595251135a524b"><span class="__cf_email__" data-cfemail="e8adbca9c6a7aea4abc6ae879a859ba88c8784c68f879e">[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 serves
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 the proposed renewal of the Form ETA-
9142B, H-2B Application for Temporary Employment Certification, its
instructions, Form ETA-9142B, Appendices A-D, and Form ETA-9142B, Final
Determination. 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. The Department
is making a non-substantive change to a footnote in the appendix to
update the Appropriations funding bill. Appendix
[[Page 12828]]
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
persons and entities. See 20 CFR 655.9(b). Appendix D requires 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 renew these forms.
Additionally, ETA is seeking comments on a proposed three-year
renewal without change for 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.
Finally, ETA is additionally seeking comments on its proposal to
eliminate the Form ETA-9155, H-2B Registration. The Department had
developed this form to facilitate the H-2B registration process and
assist in determining whether the nature and duration of an employer's
need for H-2B workers is temporary, but the form was not implemented.
Pursuant to court order,\1\ the Department created an internal process
to issue registration numbers in lieu of the form, and thus employers
are not required to complete the Form ETA-9155. The Department is,
therefore, proposing to eliminate this form, its instructions, and the
estimated time, recordkeeping, and cost burdens associated with it as
employers are not required to complete nor file it in order to
register.
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\1\ Padilla Construction Company, et al. v. Martin J. Walsh, et
al., No. 2:18-cv-1214 (C.D. Cal. Nov. 2, 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. DOL obtains OMB approval for this information collection under
Control Number 1205-0509. DOL notes that existing information
collection requirements submitted to OMB receive a month-to-month
extension while they undergo review.
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 (businesses or other for-profits);
Not-for-profit Institutions; Government, State, Local and Tribal
Governments.
Form(s): ETA-9142B, ETA-9142B General Instructions, ETA-9142B,
Appendices A, B, C, and D, Form ETA-9142B, Final Determination, Form
ETA-9142B, Seafood Industry Attestation.
Total Estimated Number of Annual Respondents: 106,925.
Frequency: On Occasion.
Total Estimated Annual Responses: 445,871.
Average Time per Response: 2 hours and 45 minutes.
Total Estimated Annual Time Burden: 128,851 hours.
Total Estimated Annual Other Costs Burden: $1,771,920.
(Authority: 44 U.S.C. 3507(a)(1)(D).)
Henry Maklakiewicz,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2026-05204 Filed 3-16-26; 8:45 am]
BILLING CODE 4510-FP-P
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