[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53911-53913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23276]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Proposed Revision of a 
Currently Approved Collection; Request for Comments; H-2A Temporary 
Agricultural Labor Certification Program Forms (OMB Control Number 
1205-0466)

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

ACTION: Notice and request for comment.

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SUMMARY: 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.

DATES: Written comments must be submitted to the office listed in the

[[Page 53912]]

addresses section below on or before December 24, 2018.

ADDRESSES: Written comments may be submitted by the following methods:
     Email (encouraged): [email protected].
     Mail: William W. Thompson II, Administrator, Office of 
Foreign Labor Certification, Box PPII 12-200, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue NW, 
Washington, DC 20210.
     Fax: 202-513-7395.
    Instructions: Comments that are related to a specific form or a 
specific form's instructions should identify the form or form's 
instructions using the form number, e.g., ETA-9142A or Form ETA-790/
790A, and should identify the particular area of the form for comment. 
A copy of the proposed ICR can be obtained by accessing the Office of 
Foreign Labor Certification's website at 
www.foreignlaborcert.doleta.gov or by contacting the Office of Foreign 
Labor Certification as listed above.

FOR FURTHER INFORMATION CONTACT: William W. Thompson II, Administrator, 
Office of Foreign Labor Certification, 202-513-7350 (this is not a 
toll-free number), or for individuals with hearing or speech 
impairments, 1-877-889-5627 (this is the TTY toll-free Federal 
Information Relay Service number), Box PPII 12-200, Employment and 
Training Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

I. Background

    The information collection 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. 1101(a)(15)(H)(ii)(a), 1184(c), and 
1188) and 8 CFR 214.2(h)(5) and 20 CFR 655, subpart B. The H-2A visa 
program enables employers to bring nonimmigrant foreign workers to the 
United States to perform agricultural work of a seasonal or temporary 
nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(a). Before an employer 
can file a petition with the Department of Homeland Security (DHS) to 
import temporary workers as H-2A nonimmigrants, the INA and DHS 
regulations require an employer to first obtain a determination from 
DOL certifying whether a qualified U.S. worker is available to fill the 
job opportunity described in the employer's petition for a temporary 
agricultural worker and whether a foreign worker's employment in the 
job opportunity will adversely affect the wages or working conditions 
of similarly employed U.S. workers. 8 U.S.C. 1188, INA section 218; 8 
CFR 214.2(h)(5)(i), (ii) and (iv)(B). DOL's regulations establish the 
processes by which an employer must obtain a temporary labor 
certification from DOL and the rights and obligations of workers and 
employers. 20 CFR part 655, subpart B.
    This ICR, OMB Control No. 1205-0466, includes the collection of 
information related to the temporary labor certification process and 
agricultural clearance order process in the H-2A program. The 
information contained in the application Form ETA-9142A, H-2A 
Application for Temporary Employment Certification, and the job order 
Form ETA-790/790A, H-2A Agricultural Clearance Order, together serve as 
the basis for the Secretary of Labor's (Secretary) determination that 
qualified U.S. workers are not available to perform the services or 
labor needed by the employer and that the wages and working conditions 
of similarly employed U.S. workers will not be adversely affected by 
the employment of H-2A workers. Employers use Appendix A of the Form 
ETA-9142A to attest that they will comply with all of the terms, 
conditions, and obligations of the H-2A program.
    ETA is seeking comments on proposed revisions to Form ETA-9142A and 
appendix, Form ETA-790/790A and addenda, and the instructions 
accompanying those forms. The proposed revisions will better align 
information collection requirements with DOL's current regulatory 
framework, provide greater clarity to employers on regulatory 
requirements, standardize and streamline information collection to 
reduce employer time and burden preparing applications, and promote 
greater efficiency and transparency in ETA's review and issuance of 
labor certification decisions under the H-2A visa program.
    To promote greater efficiency in issuing temporary labor 
certification decisions and minimize delays associated with employers 
filing H-2A petitions with DHS, ETA is proposing to eliminate the 
issuance of the paper-based labor certification approval decisions by 
creating 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. In 
circumstances where the employer or, if applicable, its authorized 
attorney or agent is not able to receive the temporary labor 
certification documents electronically, ETA will send the certification 
documents printed on standard paper in a manner that ensures overnight 
delivery. For complete details regarding the proposed revisions to this 
ICR, contact the office listed in the ADDRESSES section above.

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, and 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

    In order to meet its statutory responsibilities under the INA, ETA 
must extend and revise an existing collection of information pertaining 
to labor certification applications used in the H-2A visa program that 
allows employers to bring foreign labor to the U.S. on a seasonal or 
other temporary basis.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by OMB under the PRA and displays a 
currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. DOL obtains OMB approval for this information collection under 
Control Number 1205-0466. OMB authorization for an ICR cannot be for 
more than three (3) years without renewal, and the current approval for

[[Page 53913]]

this collection is scheduled to expire on May 31, 2019. DOL seeks to 
extend PRA authorization for this revised information collection for 
three (3) more years.
    In the past, the respondents have been for-profit businesses and 
not-for-profit institutions. On rare occasions the respondents have 
been local, State, tribal governments, or the Federal government. The 
Secretary uses the collected information to determine if employers are 
meeting their statutory and regulatory obligations.
    Title: H-2A Temporary Agricultural Employment Certification 
Program.
    Type of Review: Revision of a Currently Approved Information 
Collection.
    OMB Number: 1205-0466.
    Affected Public: Individuals or Households, Private Sector--
businesses or other for-profits, Government, State, Local and Tribal 
Governments.
    Form(s): ETA-9142A, H-2A Application for Temporary Employment 
Certification; ETA-9142A--Appendix A; ETA-9142A--Final Determination: 
H-2A Temporary Labor Certification Approval; ETA-790/790A, H-2A 
Agricultural Clearance Order; ETA-790/790A--Addendum A; ETA-790/790A--
Addendum B.
    Total Annual Respondents: 8,783.
    Annual Frequency: On Occasion.
    Total Annual Responses: 273,537.
    Estimated Time per Response (averages):

--Forms ETA 9142A, Appendix A--3.66 hours per response.
--Forms ETA 790/790A/790B--.69 hours per response.
--Administrative Appeals--18.48 hours per response.

    Estimated Total Annual Burden Hours: 52,384.81.
    Total Annual Burden Cost for Respondents: $0.
    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).

Molly E. Conway,
Acting Assistant Secretary, Employment and Training Administration.
[FR Doc. 2018-23276 Filed 10-24-18; 8:45 am]
 BILLING CODE 4510-FP-P