Agency Information Collection Activities for H-2A Foreign Labor Certification Program; Comment Request, 13760-13761 [2022-05011]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13760-13761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 [email protected].
    Instructions: Submit written comments about, or requests for a copy 
of, this ICR by email: [email protected]. 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 [email protected].
    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:
     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;
     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;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     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:
     Forms ETA-9142A, Appendix A--.50 hours per response.
     Forms ETA-790/790A/790B--.67 hours per response.
     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]
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