[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65190-65191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25614]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Form ETA-9142-B-CAA-3, Attestation for 
Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 105 
of Division H of the Consolidated Appropriations Act, 2019 Public Law 
116-6

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL or Department) is submitting the 
Employment and Training Administration (ETA)-sponsored Information 
Collection Request (ICR), titled, Attestation for Employers Seeking to 
Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the 
Consolidated Appropriations Act, 2019 Public Law 116-6 (Feb. 15, 2019) 
(OMB Control Number 1205-0535), to the Office of Management and Budget 
(OMB) for review and approval for continued use in accordance with the 
Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are 
invited.

DATES: OMB will consider all written comments it receives on or before 
December 26, 2019.

ADDRESSES: A copy of this ICR with applicable supporting documentation, 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden, may be obtained free of charge 
from the RegInfo.gov website at: http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201911-1205-005 (this link will only become active 
on the day following publication of this notice); by contacting 
Frederick Licari at 202-693-8073/TTY 202-693-8064 (these are not toll-
free numbers); or by sending an email to: [email protected].
    Submit comments about this request by mail to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA, 
Office of Management and Budget, Room 10235, 725 17th Street NW, 
Washington, DC 20503; by Fax: 202-395-6881 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW, Washington, 
DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Frederick Licari by telephone at 202-
693-8073/TTY 202-693-8064 (these are not toll-free numbers) or by 
sending an email to: [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to Form ETA-9142-B-CAA-3, Attestation for Employers Seeking 
to Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of 
the Consolidated Appropriations Act, 2019 Public Law 116-6 (Feb. 15, 
2019), which is currently set to expire on November 30, 2019, and all 
applicable instructions and electronic versions (OMB Control Number 
1205-0535). The Department collected information through Form ETA-9142-
B-CAA-3 to carry out its statutory and regulatory responsibilities 
under the H-2B temporary non-agricultural employment-based visa 
program. Although the form is no longer in use, joint regulations 
between DOL and the Department of Homeland Security (DHS) require H-2B 
employers that have filed the form with DHS to retain the form and 
maintain records supporting the attestations the employer made on the 
form.
    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 
Immigration and Nationality Act (INA) and the Department's 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 United States to perform 
nonagricultural work of a temporary or seasonal nature as defined in 
INA Section 101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b). For 
purposes of the H-2B program, the INA and governing federal regulations 
at 20 CFR part 655, subpart A, and 8 CFR part 214, require the 
Secretary of Labor to certify 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.
    On February 15, 2019, the President signed the Consolidated 
Appropriations Act, 2019. Division H, Section 105 of the Act authorized 
the Secretary of Homeland Security, in consultation with the Secretary 
of Labor, to increase the number of H-2B visas available to U.S. 
employers, notwithstanding the otherwise established statutory 
numerical limitation. DOL and the Department of Homeland Security (DHS) 
issued a temporary final rule implementing Division H, Section 105 of 
the Act on May 8, 2019. This collection of information was required by 
that rule. The Secretary of Homeland Security, in consultation with the 
Secretary of Labor, increased the H-2B cap for Fiscal Year (FY) 2019 by 
up to 30,000 additional visas for American businesses that were likely 
to suffer irreparable harm (that is, permanent and severe financial 
loss) without the ability to employ the H-2B workers requested on their 
petition. The 30,000 additional visas were available only to workers 
who were issued an H-2B visa or

[[Page 65191]]

otherwise granted H-2B status in FY 2016, 2017, or 2018.
    The need to quickly issue regulations enacting the provision of the 
Consolidated Appropriations Act, 2019, caused the Department to seek 
approval of this information collection through an expedited process. 
The initial clearance for this information collection was sought using 
PRA emergency procedures outlined in regulations at 5 CFR 1320.13. 
Subsequently, the Department has sought public comment to revise this 
information collection through the notice-and-comment process. The 
Department proposes: (1) To revise this collection to eliminate the 
burden associated with completing and submitting the attestations to 
DHS and the accompanying business harm assessment, as DHS stopped 
accepting the form once the supplemental H-2B cap was reached and (2) 
to continue requiring employers to retain the required supporting 
documentation for three years from the date the certification was 
issued.
    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. 5 CFR 1320.6(a). The 
Department obtains OMB approval for this information collection under 
Control Number 1205-0535. The current approval is scheduled to expire 
on November 30, 2019. However, DOL notes that outstanding information 
collection requirements submitted to OMB receive a month-to-month 
extension while they undergo review. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on May 8, 2019, 84 FR 20005.
    Interested parties are encouraged to send comments to OMB, Office 
of Information and Regulatory Affairs, at the address shown in the 
ADDRESSES section within thirty (30) days of the publication of this 
notice in the Federal Register by December 26, 2019. In order to help 
ensure appropriate consideration, comments should mention OMB Control 
Number 1205-0535. OMB 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 submission of responses.
    Agency: DOL-ETA.
    Title of the Collection: Attestation for Employers Seeking to 
Employ H-2B Nonimmigrant Workers Under Section 105 of Division H of the 
Consolidated Appropriations Act, 2019, Public Law 116-6 (Feb. 15, 
2019).
    OMB Number: 1205-0535
    Affected Public: Private Sector (businesses or other for-profits 
and not-for-profit institutions) and State, Local, and Tribal 
Governments.
    Total Estimated Annual Respondents: 3,776.
    Annual Frequency: On occasion.
    Total Estimated Annual Responses: 3,776.
    Total Estimated Average Time per Response: 0.50 hour.
    Total Estimated Annual Burden Hours: 1,888 hours.
    Total Estimated Annual Cost for Respondents: $87,773.

    Authority:  44 U.S.C. 3507(a)(1)(D).

    Dated: November 20, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019-25614 Filed 11-25-19; 8:45 am]
 BILLING CODE 4510-FP-P