Department of Labor October 25, 2018 – Federal Register Recent Federal Regulation Documents

The Department of Labor (DOL), as part of its effort to streamline information collection, clarify statutory and regulatory requirements, and provide greater oversight in the H-2A labor certification program, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA). This program helps ensure that 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 on respondents can be properly assessed. In accordance with the PRA, ETA, within DOL, is providing the public notice and opportunity to comment on proposed revisions to the application Form ETA-9142A, H-2A Application for Temporary Employment Certification; Form ETA-9142A, Appendix A; and the general instructions to those forms. ETA is also seeking public comment on a proposal to eliminate the issuance of paper-based labor certification decisions through the creation of a one-page Form ETA-9142A, Final Determination: H-2A Temporary Labor Certification Approval, which will be issued electronically to employers granted temporary labor certification by DOL. Lastly, ETA is also seeking public comment on a proposal to implement a revised agricultural clearance order that will be integrated with the Form ETA-9142A. The proposed Form ETA-790/790A, H- 2A Agricultural Clearance Order, and addenda, provide language to employers to disclose necessary information including, but not limited to, the following: (1) The type of agricultural services or labor needed, number of workers, duration of employment, and minimum qualifications or requirements of the job; (2) the place(s) where work will be performed and the wage rate(s) that will be offered, advertised, and paid to workers in each crop or agricultural activity, as well as any other conditions or deductions from pay not required by law; (3) basic information regarding the geographic location, type, capacity, and applicable standards of the housing for workers; and (4) other required disclosures concerning the provision of meals, transportation and daily subsistence, referral and hiring instructions, and any other material terms and conditions of the job offer. The proposed Form ETA-790/790A will be submitted to the State Workforce Agency (SWA) for review and in advance of filing Form ETA-9142A. A copy of Form ETA-790/790A will then be attached by the employer at the time of filing Form ETA-9142A. The information collected on the ETA-790/790A is used to determine whether the material terms and conditions of employment do not adversely affect similarly employed U.S. workers and, if approved, facilitate the recruitment of U.S. workers through the intrastate and interstate job clearance systems of the SWA. This proposal will consolidate information collected through the agricultural clearance order Form ETA-790, which is currently authorized under OMB Control Number 1205-0134, into the agency's primary H-2A information collection requirements under OMB Control Number 1205-0466. This consolidation and revision will align all data collection for the H-2A program under a single OMB approved information collection request (ICR). The information collection for each existing form was approved on June 3, 2016 and expires May 31, 2019. A copy of the proposed ICR can be obtained by contacting the office listed below in the addresses section of this notice.