Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of
free information!
Immigration LLC.

  • News: DOL Notice of Comment Request on Form ETA-9142A

    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]
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: