Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Pages 80387-80388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32380]



Employment and Training Administration

Comment Request for Information Collection for Form ETA-9142A, H-
2A Application for Temporary Employment Certification, and Appendix A 
(OMB Control Number 1205-0466), Revision

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.


SUMMARY: The Department of Labor (Department or DOL), as part of its 
continuing effort to reduce paperwork and respondent burden, 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 (44 U.S.C. 3506(c)(2)(A)). 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.
    Currently, the Employment and Training Administration (ETA) is 
soliciting comments concerning the collection of data on the Form ETA-
9142A, H-2A Application for Temporary Employment Certification, and 
Appendix A (OMB Control Number 1205-0466), which expire on March 31, 
2016. A copy of the proposed information collection request can be 
obtained free of charge by contacting the office listed below in the 
addressee section of this notice.
    The forms are used by employers in the H-2A temporary agricultural 
employment-based program to collect information that demonstrates 
compliance with program requirements.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before February 22, 2016.

ADDRESSES: Submit written comments to Brian Pasternak, National 
Director of Temporary Programs, Office of Foreign Labor Certification, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue, Box 12-200 NW., Washington, DC 20210; Telephone: 
(202) 513-7350 (this is not a toll-free number). Individuals with 
hearing or speech impairments may access the telephone number above via 
TTY by calling the toll-free Federal Information Relay Service at 1-
877-889-5627 (TTY/TDD). Fax: 202-513-7495. Email: 
ETA.OFLC.Forms@dol.gov subject line: ETA-9141A. A copy of the proposed 
information collection request (ICR) can be obtained free of charge by 
contacting the office listed above.


I. Background

    The information collection (IC) is required by sections 
101(a)(15)(H)(ii)(a); 214(c); and 218 of the Immigration and 
Nationality Act (INA) (8 U.S.C. 1011(a)(15)(H)(ii)(a), 1184(c), and 
1188) and 8 CFR 214.2(h). Before an employer may petition for any 
temporary foreign workers, it must submit a request for certification 
to the Secretary of Labor containing the elements prescribed by the INA 
and the Department's implementing regulations, which differ depending 
on the visa program under which the foreign workers are sought. The H-
2A program enables employers to bring nonimmigrant foreign workers to 
the U.S. to perform agricultural work of a temporary or seasonal nature 
as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). For purposes of the H-2A 
program, the INA and governing federal regulations require the 
Secretary of Labor to certify, among other things, that any foreign 
worker seeking to enter the United States (U.S.) temporarily for the 
purpose of performing certain unskilled labor will not, by doing so, 
adversely affect wages and working conditions of U.S. workers similarly 
employed. The Secretary must also certify that there are not sufficient 
U.S. workers available to

[[Page 80388]]

perform such labor. (8 CFR 214.2(h)(5)(i)(A), (iii)(A).)
    The information contained in the Form ETA-9142A is the basis for 
the Secretary's determination that no U.S. workers are available. The 
Form ETA-9142A, H-2A Application for Temporary Employment 
Certification, is used to collect information to permit the Department 
to meet its statutory responsibilities for administering the H-2A 
temporary labor certification program. The Appendix A lists all of the 
attestations required by employers in the H-2A program. The proposed 
amendment to the Appendix A will allow employers who file 
electronically to submit a copy of a signed Appendix A with their 
electronically filed Form ETA-9142A and, upon receipt of the original 
certified Form ETA-9142A, to complete the footer on the original 
Appendix A with the information contained on the approved application. 
Employers must retain the original Appendix A and file a copy of the 
signed Appendix A, together with the original certified Form ETA-9142A, 
with Department of Homeland Security's U.S. Citizenship and Immigration 
    Lastly, the Department is proposing revisions to Appendix A to 
reflect the requirements of 20 CFR 655.200-235, which are the new 
regulatory requirements for H-2A employers who are in the sheep and 
goat herding and range production of livestock occupations.

II. Review Focus

    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.

III. Current Actions

    Type of Review: Extension with revision.
    Title: H-2A Foreign Labor Certification.
    OMB Number: 1205-0466.
    Affected Public: Farms, Private Sector-businesses or other for 
profits and not-for-profit institutions, Federal Government, and State, 
Local and Tribal Governments.
    Form(s): Form ETA-9142A, H-2A Application for Temporary Employment 
Certification, and Appendix A.
    Total Annual Respondents: 4,870.
    Annual Frequency: On occasion.
    Total Annual Responses: 160,773.
    Average Time per Response: 20 Minutes.
    Estimated Total Annual Burden Hours: 49,194
    Total Annual Burden Cost for Respondents: $1,608,700.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for OMB approval of the ICR; 
they will also become a matter of public record. Commenters are 
encouraged not to submit sensitive information (e.g., confidential 
business information or personally identifiable information such as a 
social security number).

Portia Wu,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2015-32380 Filed 12-23-15; 8:45 am]