[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Notices]
[Pages 60629-60630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27529]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Form ETA-9142-B-
CAA, Revision of Currently Approved Collection

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

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL or Department), as part of its 
effort to streamline information collection, clarify statutory and 
regulatory requirements, and provide greater transparency and oversight 
in the H-2B nonimmigrant visa application processes, 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. This program helps provide that all 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, ETA is soliciting comments concerning the proposed 
revisions to Office of Management and Budget (OMB) Control Number 1205-
0530, containing Form ETA-9142-B-CAA--Attestation for Employers Seeking 
to Employ H-2B Nonimmigrant Workers Under Section 543 of the 
Consolidated Appropriations Act, which it is currently set to expire on 
January 31, 2018. A copy of the proposed revised information collection 
can be obtained 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 February 20, 2018.

ADDRESSES: Submit written comments to William W. Thompson II, 
Administrator, Office of Foreign Labor Certification, Box #12-200, 
Employment & Training Administration, U.S. Department of Labor, 200 
Constitution Avenue NW, Washington, DC 20210. Telephone number: 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: 202-513-7395. Email: [email protected] 
subject line: ETA-9142-B-CAA. A copy of the proposed information 
collection request (ICR) can be obtained by contacting the office 
listed above.

SUPPLEMENTARY INFORMATION:

I. Background

    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.
    Section 543 of the Consolidated Appropriations Act, 2017, Public 
Law 115-31 (May 5, 2017) (2017 Act), authorized the Secretary of the 
Department Homeland Security (DHS), in consultation with the Secretary 
of Labor, to increase the number of H-2B visas available to U.S. 
employers in Fiscal Year (FY) 2017, notwithstanding the otherwise 
established statutory numerical limitation. In consultation with the 
Secretary of Labor, the Secretary of Homeland Security increased the H-
2B cap for FY 2017 by up to 15,000 additional visas for American 
businesses that were likely to suffer irreparable harm (that is, 
permanent and severe financial loss) without the ability to employ all 
of the H-2B workers requested on their petition before the end of FY 
2017. As set forth in the Temporary Rule: Exercise of Time-Limited 
Authority to Increase the Fiscal Year 2017 Numerical Limitation for the 
H-2B Temporary Nonagricultural Worker Program, 82 FR 32987 (July 19, 
2017), which implemented the 2017 Act, employers seeking authorization 
to employ workers under this time-limited authority were required to 
complete and submit Form ETA-9142-B-CAA.
    The authority to issue any new visas under the 2017 Act has 
expired, and employers are no longer permitted to submit Form ETA-9142-
B-CAA. However, employers continue to be required to retain the form 
and required supporting documentation for 3 years from the date of the 
certification. The retention requirement expires on October1, 2020. As 
a result, the Department now seeks public comment to revise the 
information collection as a result of continued record retention 
requirements following the expiration of Form ETA-9142-B-CAA, and 
elimination of the burden associated with the preparation and 
submission of the form, which is no longer required or accepted in 
connection with petitions for H-2B workers.

II. Review Focus

    DOL is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary

[[Page 60630]]

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; and also the agency's 
estimates associated with the annual burden cost incurred by 
respondents and the government cost associated with this collection of 
information;
     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

    Agency: DOL-ETA.
    Type of Review: Revision.
    Title: Attestation for Employers Seeking to Employ H-2B 
Nonimmigrant Workers Under Section 543 of the Consolidated 
Appropriations Act, 2017 Public Law 115-31 (May 5, 2017).
    Form: Form ETA-9142-B-CAA.
    OMB Number: 1205-0530.
    Affected Public: Private Sector (businesses or other for-profits 
and not-for-profit institutions) and State, Local, and Tribal 
Governments.
    Total Annual Respondents: 2,298.
    Annual Frequency: 1.
    Total Annual Responses: 2,298.
    Average Time per Response: 1 hour.
    Estimated Total Annual Burden Hours: 2,298 hours.
    Total Annual Burden Cost for Respondents: $104,674.00.
    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 disclose private and/or sensitive information (e.g., 
Social Security Numbers or confidential business information).

Rosemary Lahasky,
Deputy Assistant Secretary for Employment and Training Administration, 
Department of Labor.
[FR Doc. 2017-27529 Filed 12-20-17; 8:45 am]
 BILLING CODE 4510-FP-P