84 FR 25074 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; H-2A Temporary Agricultural Labor Certification Program

The Department of Labor (DOL) is submitting the Employment and Training (ETA) sponsored information collection request (ICR) revision titled, ``H-2A Temporary Agricultural Labor Certification Program,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are invited.

[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Notices]
[Pages 25074-25075]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-11315]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; H-2A Temporary Agricultural Labor 
Certification Program

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting the Employment and 
Training (ETA) sponsored information collection request (ICR) revision 
titled, ``H-2A Temporary Agricultural Labor Certification Program,'' to 
the Office of Management and Budget (OMB) for review and approval for 
use in accordance with the Paperwork Reduction Act (PRA) of 1995. 
Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before July 1, 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,

[[Page 25075]]

may be obtained free of charge from the RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201903-1205-002 (this link 
will only become active on the day following publication of this 
notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 
202-693-8064, (these are not toll-free numbers) or 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: 202-395-5806 (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: Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number), TTY 202-693-8064, (this is not a 
toll-free numbers) or sending an email to [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the H-2A Temporary Agricultural Labor Certification 
Program information collection. This information collection has been 
classified as a revision because the DOL is proposing modifications to: 
Align information collection requirements with its current regulatory 
framework better; 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 the ETA's review and issuance of 
labor certification decisions under the H-2A visa program. The 
Immigration and Nationality Act (INA) and the Department of Homeland 
Security's (DHS) and DOL's regulations authorize this information 
collection. See INA Sections 101(a)(15)(H)(ii)(a), 214(c), and 218 (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 DHS 
to import temporary workers as H-2A nonimmigrants, the INA and DHS 
regulations require an employer first to 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. See 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. See 20 CFR part 655, subpart B.
    This ICR 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, serve as the basis for the Secretary of Labor's 
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.
    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 the 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. The current approval is scheduled to expire 
on May 31, 2019; however, DOL notes that existing information 
collection requirements submitted to the OMB receive a month-to-month 
extension while they undergo review. New requirements would only take 
effect upon OMB approval. For additional substantive information about 
this ICR, see the related notice published in the Federal Register on 
October 25, 2018 (83 FR 53911).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1205-0466. 
The 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 Collection: H-2A Temporary Agricultural Labor 
Certification Program.
    OMB Control Number: 1205-0466.
    Affected Public: Individuals or Households; Private Sector 
(businesses or other for-profit institutions); Federal Government; and 
State, Local and Tribal Governments.
    Total Estimated Number of Respondents: 8,783.
    Annual Frequency: On Occasion.
    Total Estimated Number of Responses: 273,537.
    Total Estimated Annual Time Burden: 52,385 hours.
    Total Estimated Annual Other Costs Burden: $2,521,940.

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

    Dated: May 23, 2019.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2019-11315 Filed 5-29-19; 8:45 am]
 BILLING CODE 4510-FP-P