[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Notices]
[Pages 39801-39802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16874]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collections in the H-2B Temporary 
Non-Agricultural Employment-Based Visa Program (OMB Control Number 
1205-0509), Extension

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

ACTION: Notice.

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SUMMARY: The Department of Labor (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 information collections in the H-2B 
temporary non-agricultural employment-based visa program, which 
includes Form ETA-9142B, H-2B Application for Temporary Employment 
Certification; Appendix B; Form ETA-9155 H-2B Registration; and the 
Seafood Industry Attestation. These forms all expire on October 31, 
2015. 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.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before September 8, 2015.

[[Page 39802]]


ADDRESSES: Submit written comments to Brian Pasternak, National 
Director of Temporary Programs, Office of Foreign Labor Certification, 
Room C-4312, Employment & Training Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone 
number: 202-693-3010 (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: 202-693-2768. Email: 
[email protected] subject line: ETA-9142B. A copy of the proposed 
information collection request (ICR) can be obtained free of charge by 
contacting the office listed above.

SUPPLEMENTARY INFORMATION:

I. Background

    The 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)) and 8 CFR 
214.2(h)(6). Before an employer may petition for any temporary skilled 
or unskilled foreign workers, it must submit a request for 
certification to the Secretary of Labor containing the elements 
prescribed by the INA and the Department of Labor's (Department) 
implementing regulations, which differ depending on the visa program 
under which the foreign workers are sought.
    The H-2B visa program enables employers to bring nonimmigrant 
foreign workers to the U.S. to perform nonagricultural work of a 
temporary or seasonal nature as defined in 8 U.S.C. 
1101(a)(15)(H)(ii)(b). For purposes of the H-2B 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 on a temporary basis for the purpose of performing 
non-agricultural services or labor will not, by doing so, adversely 
affect wages and working conditions of U.S. workers who are similarly 
employed. In addition, the Secretary must certify that qualified U.S. 
workers are not available to perform such temporary labor or services. 
(8 CFR 214.2(h)(6)(i)(A), (iii)(A).)
    The Form ETA-9142B H-2B Application for Temporary Employment 
Certification is used to collect information to permit the Department 
to meet its statutory responsibilities for administering the H-2B 
nonimmigrant temporary non-agricultural employment-based visa program. 
Appendix B of the Form ETA-9142B is used by employers to attest that 
they will comply with all of the terms, conditions, and obligations of 
the H-2B program.
    The Form ETA-9155 H-2B Registration is a new form required by the 
regulations that went into effect April 29, 2015. Once its use is fully 
implemented, it will allow the Department to make a preliminary 
determination with respect to an employer's temporary need, and issue 
to the employer an H-2B Registration to be used in connection with 
subsequent labor certification applications for a period of up to three 
consecutive years. Once the ETA-9155 registration form is implemented, 
an H-2B employer will have to register with the Department prior to 
submitting its request for labor certification.
    The Seafood Industry Attestation is an attestation used 
specifically by employers in the seafood industry who would like to 
avail themselves of the staggered entry provision for H-2B workers 
recently enacted by Congress in the Consolidated and Further Continuing 
Appropriations Act of 2015, Public Law 113-235.

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.
    Title: H-2B Temporary Nonagriculrural Employment Certification 
Program.
    OMB Number: 1205-0509.
    Affected Public: Individuals or Households, Private Sector--
businesses or other for profits, Government, State, Local and Tribal 
Governments.
    Form(s): ETA-9142B, H-2B Application for Temporary Employment 
Certification; Appendix B; ETA-9155, H-2B Registration; and Seafood 
Industry Attestation.
    Total Annual Respondents: 7,355.
    Annual Frequency: On Occasion.
    Total Annual Responses: 184,442.
    Average Time per Response: 15 minutes.
    Estimated Total Annual Burden Hours: 47,992.
    Total Annual Burden Cost for Respondents: $3,668,029.
    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. 2015-16874 Filed 7-9-15; 8:45 am]
 BILLING CODE 4510-FP-P